SANTA MARIA KARTING ASSOCIATION
ARTICLE 1. NAME AND OBJECTIVE
SECTION 1. NAME AND ORGANIZATION: The name of this organization is the SANTA MARIA KARTING ASSOCIATION, INC. abbreviated SMKA. It is the incorporated association and shall be subject to provisions of the California nonprofit mutual benefit corporation law which will prevail in situations not covered by these bylaws.
SECTION 2: OBJECTIVE: The primary objective of this club is to encourage, promote and foster the ownership, operation and racing of karts. The SMKA will join and cooperate with the local, regional and national karting organizations in the scheduling, sanctioning and conduct of karting events beyond the club level.
SECTION 3: NONPROFIT ORGANIZATION: The association is organized exclusively for public benefit and training to members and not members within the meaning of Section 501(c)(4) of the Internal Revenue Code. No substantial part of the activities of this association shall consist of carrying of propaganda, or otherwise attempting to influence legislation, and the association shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. The property of this association is irrevocably dedicated to educational purposes and no part of the net income or assets of this association shall ever incur to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the association, its assets remaining after payment, or provision for payment, of all debts and liabilities of this association shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for educational purposes and which has established its tax exempt status under Section 501(c)(4) of the Internal Revenue Code. Nothing in this section shall be construed so as to prohibit the awarding of trophies or funds as prizes in club sponsored events.
ARTICLE II. MEMBERSHIP
SECTION 1. REQUIREMENTS: Any person interested in the aims and objectives of the club may become a member by completing and signing a membership application and paying such dues or fees as are currently required. A birth certificate and a minor release form must be submitted for members under 21 years.
SECTION 2. TERM OF MEMBERSHIP: All memberships are for the calendar ear. Members from the previous year will be extended all membership privileges for the first month of the new year.
SECTION 3. CLASSIFICATION: There shall be three classes of members:
- PRIMARY MEMBERS: Those members 18 years of age or older who have signed a membership application and paid full membership dues. Primary members have full voting privileges.
- FAMILY MEMBERS: Those members so listed on a member’s membership application who have also signed the membership application and paid the nominal dues established for their class of members and are immediate relatives of the primary member and living in the same household as the primary members. Family members do not have voting privileges.
- LIFETIME MEMBERS: Those members who were approved by the board to receive primary member privileges because of their long-standing contributions to SMKA. Lifetime members must also sign a membership application but they are not required to pay dues.
SECTION 4. SUSPENSION AND EXPULSION:
Causes of Termination. The membership of any regular membership shall terminate upon occurrence of any of the following events:
- The resignation of the member.
- The failure of a member to pay annual dues in the amount and within the times set forth by the board of Directors.
- The determination by the board of directors or a committee designated to make such determination that the member has failed in a material and serious degree to observe the rules of conduct governing this corporation as promulgated by the Board from time-to time.
Procedure for Expulsion. Following the determination that a member should be expelled under subparagraph (c) above, the following procedure shall be implemented:
- A notice shall be sent by mail by prepaid, first-class, or registered mail to the most recent address of the member as shown on the corporation’s records, setting forth the expulsion and the reasons therefore. Such notice shall be sent at least 15 days before the proposed effective date of the expulsion.
- The member being expelled shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held not fewer than 5 days before the effective dates of the proposed expulsion. The hearing will be held by a special member expulsion committee composed of not fewer than three directors appointed by the president. The notice to the member of his proposed expulsion shall set the date, time, and place of the hearing on his proposed expulsion.
- Following the hearing, the expulsion committee shall decide whether or not the member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the committee shall be final.
- No refunds will be issued to people expelled from the club.
SECTION 5. MEMBER OBLIGATIONS: Each member assumes certain obligations to the club. These obligations include:
- SECURITY: The airport security gate must be kept locked at all times.
- RULES & REGULATIONS: Abide by all rules and regulations as set forth by SMKA and IKF, the sanctioning body.
- MAINTENANCE: Help in the maintenance of the track, including, but not limited to, participation in workdays.
- MEETINGS: Attend general membership meetings.
ARTICLE III: FINANCIAL MATTERS
SECTION 1. DUES, FEES AND ASSESSMENTS: The amount to be charged for membership dues, club and special events, class entry fees, pit pass fees, and spectator admission fees shall be determined by a vote of the board. The amount to be charged for any special assessments shall be determined by a vote of the members.
SECTION 2. DISBURSEMENTS: Any expenditure of more than $250.00 for a purpose other than for trophies, pit passes, yearly track rent and standard track operation, or funds collected for sanctioned events requires the specific approval of the board. Expenditures from $50.00 to $250.00 require prior approval of the president and may be made no more than once per month. Any member responsible for an area of club operations may approve expenditures relative to his/her area of responsibility for amounts less then $50.00.
SECTION 3. AUDITS AND BONDING: The books of the treasurer may be audited each year in January and at any other time there is a change in the office of treasurer. Such audit will include a verification from statements issued by financial institutions holding club funds that the balances carried on the club books are correct. The board may require the treasurer to be bonded at club expense.
SECTION 4. INSURED RACES: SMKA may not sponsor or conduct a racing program unless prior arrangements have been completed for an insurance program that would afford the club a minimum of five million dollars personal injury and property damage.
ARTICLE IV: OFFICERS AND ELECTIONS
SECTION 1. RELATIVE POWERS: It is the intention of these bylaws to create both a strong president and a strong board of directors. Acting together they may decide or act on any matter not specifically reserved to the members. Neither shall have the power to impose its will on the other. Each may require a vote of the members to decide matters where they are not in agreement.
SECTION 2. PRESIDENT: The President is responsible for the expeditious conduct of all club affairs and has broad powers to act, particularly where time is an element. He/she shall preside over all meetings of members and of the board, but shall not vote except to break a tie. He/she shall be an ex-official member of all committees. The president will appoint, with the approval of the board, people to fill any elected office that becomes vacant. He/she may also appoint such other officers or committee chairman as he/she deems necessary for expeditious conduct of club affairs.
SECTION 3.BOARD OF DIRECTORS: The Board of Directors is responsible for the welfare of the club and has broad powers to act, particularly where time is not an element. The Board of Directors shall consist of a maximum of 12 members, and at no time less than eight members. The Board of Directors includes the four offices of President, Vice President, Secretary and Treasurer.
- ELIGIBILITY: Board members must be current club members paid no later than January 31st of each year.
- NOMINATIONS: Approximately the first day of September of each year, the President shall appoint a nominating committee to screen members for their willingness to serve. In order to insure availability of the board, eligible members must reside within a 65 mile radius of the track. All eligible members expressing a willingness to serve will be nominated. The status of nominations will be reported at the meetings in the months of September and October. Nominations will close upon approval of a motion by the Board of Directors.
- VOTING: Annual elections shall be held at a meeting of the members as soon as practical after the fifteenth of November. Election shall be by secret written ballot. Members who cannot be present may vote by written absentee ballot. Ballot to be published in November newsletter or sent by written communication via e-mail, text or postal service, according to a member’s preference. All primary members of record on the day of the election shall be eligible to vote. The chairman of the nominating committee and the treasurer shall verify ballots and shall count votes and announce the winners.
- TERM OF OFFICE: Newly elected directors start their term on January 1 following the elections, however on December 1 they have voting privileges on all motions concerning the following race year. Officers are elected for a 13 month term only. All other directors are elected for a 13 month term only. All other directors are elected for a consecutive two year term only. Any officer or director who has been appointed to fill a vacancy on the board shall continue that position throughout the calendar year only. Any officer or director wishing to continue serving on the board must do so through the standard election process.
- RESIGNATION: Any officer or director wishing to remove himself from the board must do so in writing by written communication via e-mail, text or postal service, according to a member’s preference.
- SUSPENSION AND REMOVAL: Any director may be placed on suspension for infractions of any club rule or other cause, by the Board of Directors. The board shall immediately notify the director of his suspension in writing, by written communication via e-mail, text or postal service, according to a member’s preference, including all reasons for the suspension. Any suspended director shall be entitled to a reasonable opportunity to be heard. After such opportunity to be heard, the board may terminate the suspension, or upon 2/3 vote of the board, the director shall be removed. The board’s decision is final.
ARTICLE V: MEETINGS
SECTION 1. MEETINGS OF THE MEMBERS: There shall be three types of meetings of the members.
- TRACK MEETINGS: These may be held in conjunction with club races. These meetings are for the purpose of making brief announcements, receiving suggestions or comments, and for answering questions from the members. Discussion will be very limited and votes may only be taken on subjects specifically scheduled by notification in a previous newsletter or by written communication via e-mail, text or postal service, according to a member’s preference, or at a general membership meeting.
- ANNUAL GENERAL MEMBERSHIP MEETING: As soon as practical after March 1 of each year, a general membership meeting should be held to apprise the members of the club status. This would include a financial report, the updating of bylaws and general information sheets, and the schedule of club events. Members shall be notified of the meeting by announcement in newsletter or by written communication via e-mail, text or postal service, according to a member’s preference. Any business requiring a vote at this meeting may be approved by a majority vote of primary members present, or by written proxy.
- SPECIAL GENERAL MEMBERSHIP MEETING: These may be called by the President, or by a petition signed by either a majority of the Board of Directors or at least ten percent of the voting members. A Meeting so called must allow for at least ten days’ notice by written communication via e-mail, text or postal service, according to a member’s preference to all members and must include an agenda of all business to be discussed. Any and only business listed on the agenda may be approved by a majority vote of primary members present, or by written proxy.
SECTION 2. MEETINGS OF THE BOARD OF DIRECTORS: The Board of Directors will meet as soon as practicable after the first of December. The board will meet thereafter at the call of the President, as required, but the President must call a meeting of the board at least quarterly in the months of January, April, July and October. Meetings of the board may also be called by a petition signed by a majority of the board. All meetings of the board, however called, must give at least three days’ notice. A majority of the board is required for a quorum.
SECTION 3. MEETING REPORTS: A written report of actions will be taken at each meeting of the board and of the members. After review and approval by the board the report will become the official record for the club. A review of the meeting will be printed in the current monthly newsletter.
SECTION 4. OPEN MEETINGS: All meetings of the Board of Directors, committees, or other subordinate groups of this organization, except those parts of the meetings where sensitive personal matters are discussed, shall be open to all interested members and the chair will elicit the participation of all who are present.
ARTICLE VI. MISCELLANEOUS
SECTION 1. AMENDMENTS: These bylaws may only be amended by a majority vote of the primary members present at a general membership meeting.
SECTION 2. INDEMNIFICATION: Indemnification of officers and other members authorized to conduct club affairs shall be in accordance with the provisions of the California mutual benefit nonprofit corporation law.
SECTION 3.CLASS STRUCTURE: The club shall design classes to fit the needs of its membership. The following guideline will be considered:
- NATION CLASSES: The club will follow as closely as practicable the national class structure and eligibility rules for both 2 cycle and 4 cycle classes as set up by the International Kart Federation.
- CLASS SIZE: The club will run any IKF class or approved club option class for which there are at least three entries.
- JUNIOR DRIVERS: Unless Junior drivers are in their option year and meet all of the IKF requirements, they will under no circumstances be allowed to compete in Senior classes.
- OPTION CLASSES: If numbers permit, the class structure should provide separate classes where slower or less experienced drivers can race free form the domination of faster and more experienced drivers.
I, the undersigned, certify that I am the presently elected and acting Secretary of SANTA MARIA KARTING ASSOCIATION, INC., a California Mutual Benefit Corporation, and the above bylaws, consisting of six pages, are the bylaws of this corporation as adopted at a general membership at the annual meeting held on March 19, 2016.
Dated: April 11, 2016
Secretary, AUDREY ORTEGA
This links to the bylaws made at the time of incorporation as a California 501 (c)(4) nonprofit and, as stated in Article 1, Section 1 of our current bylaws, should be referred to in situations not covered by these bylaws: http://www.smka.org/wp-content/uploads/Bylaws-A2-2.pdf