American Legion Riders Department of California,
District 22, Post 416, Encinitas, California
Organized July 16, 2011
Chartered July 16, 2011
CHAPTER 416 BY-LAWS
These bylaws are established in accordance with and shall not conflict with the Constitution and By-Laws of the American Legion Riders Department of California, the Constitution and By-Laws of the Department of California American Legion, or the Constitution and By-Laws of The American Legion.
AMERICAN LEGION RIDERS PREAMBLE
For God and Country, we associate ourselves as members of the American Legion Family, constituting the American Legion Riders for the following purposes:
To uphold and defend the Constitution of the United States of America;
To maintain Law and Order;
To foster and perpetuate a one hundred percent Americanism;
To preserve the memories and incidents of our associations in the Great Wars;
To inculcate a sense of individual obligation to the Community, State and Nation;
To combat the autocracy of both the classes and the masses;
To make right the Master of Might;
To promote Peace and Goodwill on earth;
To safeguard and transmit to posterity the principles of Justice, Freedom and Democracy;
To participate in parades and other ceremonies which are in keeping with the aims and purposes of the American Legion;
To promote motorcycle safety education programs and to provide a social atmosphere for American Legion Family members with the same motorcycle interests;
To consecrate and sanctify our association by our devotion to mutual helpfulness.
The name of this organization shall be the
American Legion Riders, Chapter 416 located at: American Legion Post 416,
Encinitas, California; Hereinafter referred to as "
Section 1. The objects and purposes of this Chapter of American Legion Riders shall be to promote the principles and policies as set forth in the foregoing Preamble and the National and Department Constitution of the American Legion.
Section 2. To use our association to promote and support programs of the American Legion.
Section 3. To participate in activities in order to provide a social atmosphere for American Legion members who share the same interest.
Section 4. To promote motorcycle safety programs.
Section 5. The American Legion Riders is a program of the American Legion and is formed to promote the aims and purposes of The American Legion by members of The American Legion, The American Legion Auxiliary, and The Sons of The American Legion.
Section 6. Members are the motorcycle enthusiasts of the American Legion; with sole purpose to support the American Legion and the long standing and respected position and ideals therein. Members ride solely to promote the aims and purposes of The American Legion as a family oriented motorcycling activity for members of The American Legion, The American Legion Auxiliary, and The Sons of The American Legion. It is required that members dress and act at all times in a manner that conforms with the Bylaws, Constitution and Resolutions of the American Legion Riders Department of California and American Legion Department of California and further promotes a positive image beyond reproach for The American Legion and its principle. Members are reminded that they are a ‘public face of this organization when operating in group activities or interacting with the community and shall act accordingly.
Section 1. This Chapter formed at Post 416, Encinitas, California, District 22, Department of California, was chartered on July 16, 2011 by the American Legion Riders Department of California.
Section 2. The American Legion Riders, District 22, Post 416, shall be organized as a Chapter of the American Legion Riders Department of California, and as a subordinate body to and in accordance with the regulations of The American Legion Riders Department of California.
Section 1. There is one recognized "class" of involvement with the American Legion Riders as defined below. All members must be a member in good standing of The American Legion, The American Legion Auxiliary, or The Sons of The American Legion.
Section 2. Members in The American Legion Riders must be the legally registered owner or operator of a highway legal two or three wheeled motorcycle and must possess a valid driver's license for the qualifying vehicle in their state of residence (military equivalents acceptable as well) or be the legal spouse, or registered domestic partner of an American Legion Riders member within the Chapter of application.
Section 3. Members may not be concurrent members in more than one local Chapter except that they may maintain membership in a local Chapter during the period of organization of another local Chapter. Once the new local Chapter has been officially recognized by Department, they must limit their membership to only one Chapter.
Section 4. All candidates for membership into The American Legion Riders shall be voted upon by the membership of the Chapter at a regular meeting. A majority vote of those present and voting shall elect or reject a candidate.
Section 5. Active members in good standing who become physically incapable of operating a motorcycle may be granted retired status by a vote of the Chapter. The status retired, applies only to the ownership and operation of a motorcycle requirement and does not create another class of membership. All other provisions of these By-Laws will apply to members granted this status. The Chapter will communicate to the American Legion Riders Department Secretary in writing, the granting of Retired Status, the members’ information, and the reason for granting retired status.
Section 6. Applications for membership will be presented to the Membership Officer at each regular meeting of the Chapter. A majority vote of those members present and voting shall elect or reject a candidate. All regular members are eligible to vote. The vote of the membership is final and may not be appealed.
Section 7. Any member who resigns from the Chapter 416 American Legion Riders will be required to comply with Article IV, Section 5 if they request to be reinstated into the American Legion Riders Chapter 416.
INITIATION FEES AND DUES
The Initiation fee for membership is $120.00 which includes the
first year dues of $35.00 and the cost of the
Section 2. Dues are set at $35.00 per year and may be adjusted by a majority vote at the annual membership meeting in accordance with Article VIV, Section 6, Finances.
Section 1. The Executive Committee of the Chapter shall be composed of the elected and appointed officers of the Chapter for the current year, the Junior Past Chapter President, any special officer and assistant officers appointed by the President, as may have been ratified by the elected Executive Committee, and one member appointed by the Commander of American Legion Post 416.
Section 2. The President shall serve as Chairperson of the Executive Committee and the Vice-President shall assume that position in his absence. The Secretary of the Chapter shall serve as Secretary of the Executive Committee.
Section 3. The Executive Committee will meet once a month, prior to the regular meeting of the Chapter each month to discuss Chapter business.
Section 1. All regular members are eligible to hold office.
Section 2. All officers will serve from May of the year elected through June of the following year. Nominations of officers will be made at the annual (Month) meeting and elections will be held annually at the May meeting. Formal installation of Officers will take place in June, except that the founding officers elected will serve from the time of election until June one year after their election. If the position of any officer becomes vacant, the President may appoint a member to fill that position until an election can be held to fill the vacancy. Nominations will be received at the next regularly scheduled meeting after the vacancy occurs and elections will be conducted at the first regular meeting 30 days after nominations have been opened.
Section 3. The elected officers of the Chapter shall be the President, Vice-President, Secretary, Treasurer, and Sergeant-at-Arms.
Section 4. The President, with the concurrence of the Executive Committee, shall appoint the following officers: Ride Coordinator, Historian, Chaplain, Membership Officer and Public Relations Officer.
Section 5. A member may hold more than one office except for the offices of President and Vice-President.
Section 6. All elected or appointed officers shall have only one vote at the Executive Committee or Chapter Meeting except that the presiding Chairperson shall have no vote except to break a tie vote and for the election of officers.
Section 7. Elections shall be by secret ballot. A majority of all votes cast by those present at a regular meeting will determine the winner. In the case of non-opposed offices, a voice vote may be the method of voting.
Section 8. The duties of the officers shall be as follows:
A. PRESIDENT: Will serve as Chief Administrative Officer and will preside over all general meetings. Shall have general supervision over the affairs of the Chapter. Shall perform such duties as directed by the general membership. Will be limited to no more than three consecutive terms without a one year break between terms. Will serve as Chairperson of the Executive Committee.
B. VICE-PRESIDENT: Will assume the duties of the President in his/her absence and will assist the President in the performance of his duties. Will be limited to no more than three consecutive terms.
C. SECRETARY: Will assume the duties of the Vice-President in their absence. Will have charge of and keep correct records of all proceedings of all meetings and under the direction of the President handle all correspondence of the Chapter. Will keep the membership rolls and report to the Membership committee if members become delinquent or no longer meet eligibility requirements. Will serve as Chairperson of the Membership Committee.
D. TREASURER: Will have charge of all finances of the Chapter. Will disburse funds as directed by the general membership. Will give detailed financial reports at each general meeting. Will serve as Chairperson of the Finance Committee.
E. SERGEANT AT ARMS: Will preserve order at meetings and other such duties as may be assigned to him by the Chapter.
F. RIDE COORDINATOR: The Ride Coordinator will be the person in charge (Road Captain) during organized rides of the Chapter. The Ride Coordinator will also act as the Safety Officer, ensuring that motorcycle safety is observed at all times during events. May, at her/his discretion, appoint assistant road captains or take any other measures necessary to help insure the safety of the group during a ride. Must hold a valid motorcycle license. Will serve as Chairperson of the Activities Committee.
G. HISTORIAN: Will keep a record of Chapter incidents and activities and other duties as may be directed by the Executive Committee and the Chapter.
H. CHAPLAIN: Will be charged with the spiritual welfare of the Chapter members and will offer divine but non-sectarian service in the event of dedications, funerals, public functions, etc., and to adhere to such ceremonial rituals as are requested by the Chapter.
RELATIONS OFFICER: Will provide advertising flyers,
J. MEMBERSHIP OFFICER: Will gather new membership applications. Will validate the eligibility of each new member. At each regular meeting of the Chapter, report upon all applications received during or after the next previous regular meeting, gather and forward all membership records to the chapter Secretary.
JUDGE ADVOCATE: Shall advise
Section 9. In the event that any officer shall be absent for three consecutive meetings of the Chapter without being excused by the President or the Executive Committee, such office may be declared vacant by a majority vote of those present at a regular Chapter meeting.
Section 10. Elected officers can be removed from office by a two-thirds (2/3) vote of the membership at a regular meeting. Motions to remove an officer must first be presented to the Executive Committee for consideration.
Section 11. No Elected Officer of a Chapter of American Legion Riders shall at the same time hold the Office of Post Commander of an American Legion Post. In that such a dual role creates a conflict of interest in the due administration of the Riders program by the parent organization of The American Legion.
Section 1. Meetings will be held monthly on the 2nd Tuesday and 18:30 at Post 416. The Executive Committee will meet as needed before the stated meeting.
Section 2. A majority of three (3) elected officers present including the President or Vice-President will constitute a quorum.
Section 3. All meetings will be conducted in compliance with the most recent publication of Robert's Rules of Order, opening and closing ceremonies will be observed in accordance with the American Legion Post Officers Manual.
The Agenda for each meeting will be published electronically and
posted on the
Section 5. Special meetings of the Chapter may be called by the President or the Executive Committee and must be called, upon the written request of ten members. No special meetings shall be called unless announced by the President at the regular meeting preceding or unless notice is mailed to each member seven (7) days prior to said meeting, stating the time, place of the meeting and the subject to be considered.
Section 1. Finances of the Chapter will be from the membership dues and/or such other sources, as approved by the membership.
Section 2. Finances of the Chapter will be held in a bank account within the City of Encinitas. Signatures on the account will include the Treasurer, President, Vice-President and Secretary. Signatures of the Treasurer and one other officer will be required to disburse funds.
Section 3. Disbursement of funds will only be those authorized at a Chapter meeting except in case of an emergency. Emergency disbursements may be made in exigent circumstances but in no case will expenditures be allowed that may have been foreseen and authorized at a regular meeting of the membership. Emergency expenditures must be presented and approved by the members at the next regular membership meeting.
Section 4. The Chapter will be a non-profit organization and may only disburse funds in a manner that is in keeping with all local, state and national laws regarding non-profit organizations.
Section 5. An emergency disbursement of funds may be authorized by agreement of three elected officers.
Section 6. Annual dues shall be set each year by a majority vote of the membership.
Section 7. Dues
are due and payable by January 1 of each year.
Should a member be delinquent in
their dues after February 1, they shall be removed from the roles and must
re-apply for membership. Only
members who are current in their dues may hold office or be elected to
office. Candidates for office must
be current in their dues for the period in which they hold office.
Section 8. The Treasurer will provide a finance report, in writing, at each regularly called meeting of the American Legion Riders Chapter 416. The report will be attached to the minutes of that meeting and presented to the membership for approval at the next regularly called meeting of the American Legion Riders Chapter 416. The minutes and the financial report will be made available for review to the members of the American Legion Riders Chapter 416.
Section 9. All financial, and nonfinancial information of each member Chapter will be made available, upon reasonable request with reasonable notification, by the Executive Committee of their respective American Legion Post, or the American Legion Post Executive Committees Designated representative. Further, such books of account shall be given by each year by each member Chapter to their respective Post and to the American Legion Riders Department of California Secretary not later than thirty (30) days prior to the opening of the annual The American Legion Riders Department Convention. Failure of any member chapter to comply with any of the requirements of this section within the times and any general or special extension as granted by the entitled or requesting party shall be deemed a delinquency and the Delegates of such Chapter shall not be entitled to be accredited at The American Legion Riders Department of California Annual Convention
Section 1 Three (3) standing committees, Membership, Finance, and Activities shall be established with the Chairperson of each being the officer as assigned in Article VII, Section 8.
Section 2. The Membership Committee shall be
composed of the Membership Chairperson and any additional members that may
be appointed by the President and shall have charge of all matters
pertaining to the membership of the Chapter, including the procuring of
new members and reinstatements. The committee shall certify the
eligibility of all applications as required by these bylaws in Article IV,
Section 1, and that the dues for
Section 3. The Finance Committee shall be charged with the administration of the financial policy, preparation of reports and supervision of Chapter funds. The committee shall be composed of the Chairperson and any additional members that may be appointed by the President.
Section 4. The Activities Committee shall be composed of the Chairperson and any additional members that may be appointed by the President. They shall be charged with planning and supervising Chapter activities. The committee may add temporary members to its membership for assistance with individual activities. The Activities Committee will present an annual Riders Activities Calendar for the coming year at the first meeting in July each year.
Section 5. Additional committees may be formed by appointment of the President with the consent of the Executive Committee. The duties and length of service of these committees shall be stated at the time the committee is appointed.
Section 1. Vests or Jackets that have the patches of the "American Legion Riders" will conform to the following guidelines.
B. At all official meetings, the American Legion Riders beret or official cap of a member’s parent organization will be the only allowed headwear.
C. American Legion Riders back patches will be worn on a vest or jacket. Members having riding vests and jackets with the American Legion Riders patch set affixed to the back will comply with the guidelines of this Article of the By-Laws
D. The front of the vest or jacket shall have a 50 state American flag patch high on the left hand side. No other patch or pin will be worn higher than this patch. Such American flag shall not have any wording or other embellishment on or touching the flag except an appropriate gold or black border on or touching the flag, unless expressly approved of by the ALR DOC Executive Committee and Uniform Committee.
E. The vest or jacket of the Department of California American Legion Riders will bear only the American Legion Riders Emblem as authorized by the Department of California on the back of the vest or jacket along with the Chapter flare at the top of the Legion Riders Emblem and the members parent organization flare at the bottom of the Legion Riders Emblem. The front of the vest or jacket shall only bear patches of military branches of service, military units, in memoriam patches, American Legion Riders Convention or event patches, a name patch or tag, the American flag, a PGR patch and an elongated Post patch if desired. No military rank patches, city, state or unauthorized unit name patches, rockers or half rockers will be worn on the vest or jacket. Flares shall be affixed to the vest or jacket adjoining the patch in the style and manner as provided by the ALR DOC Department Quartermaster.
F. The bottom flare shall designate the member’s organization status as follows: Post members – “Veteran” Auxiliary Unit members – “Auxiliary”, Sons of the Legion members – “Squadron”.
G. The top flare will designate the respective chapter number or district number that the member belongs to.
H. No unauthorized Pins or Patches showing support for motorcycle clubs or their support organizations shall be worn on the American Legion Riders vest or jacket or on any other apparel while wearing the American Legion Riders vest or jacket. Motorcycle club is defined as an organization using the term “MC” or “motorcycle club” in its name or as part of its patch or is commonly known as such.
I. The center patch and flares must be obtained through the Quartermaster in accordance with the agreement between the American Legion Riders Department of California and the Quartermaster. The Quartermaster will not fill orders except to designees authorized a Chapter.
J. The American Legion Riders patch is the property of the Chapter 416 American Legion Riders and must be returned to the Chapter 416 American Legion Riders in good condition upon resignation, suspension, or termination of membership in the American Legion Riders Chapter 416, the American Legion, American Legion Auxiliary, or the Sons of the American Legion.
K. A member or Chapter may not adopt, wear, express or exhibit any apparel or other identifying material not approved by The American Legion Riders Department of California Executive Committee.
M. No member of the American Legion Riders shall wear an exposed weapon, club or fixed blade knife while wearing the American Legion Riders Emblem or shall ride, or act, or behave in any manner inconsistent with the goals and purposes of the American Legion Department of California
Section 1. Members of the American Legion Riders shall be held to the same standards of conduct as those of the American Legion. Members of the American Legion Riders Chapter 416 shall at all times conduct themselves in a manner that brings respect to the American Legion and the American Legion Riders. Every attempt must be made to avoid the appearance of being or belonging to a Motorcycle Club (MC). Loud or vulgar language, swearing in public, the excessive consumption of alcoholic beverages while on rides and/or behavior that is inconsistent with the standards of the American Legion may result in suspension or removal from the American Legion Riders Chapter 416. Proper decorum will be followed when participating with or interacting with members of other motorcycle associations and clubs.
Section 2. No Chapter or member of the American Legion Riders Department of California will affiliate with, or associate; with Outlaw Motorcycle Gangs (OMGs) or their affiliates as defined by the California Attorney General’s Office or any Federal Law Enforcement agency while wearing any American Legion regalia.
Section 3. Members of the American Legion Riders may be suspended or expelled as provided in the Trial Manual of the American Legion Riders Department of California as adopted at 5th Annual Department Convention and subsequent amendments thereto.
MEMBERS IN ARREARS
Section 1. A member whose dues for the current year have not been paid by January first shall be classed as delinquent. If their dues are paid on or before February first, he/she shall be automatically reinstated. If he/she is still delinquent after February, he/she shall be suspended from all privileges. If he/she is still under such suspension on June thirtieth of such year, their membership in the American Legion Riders shall be forfeited. A member so suspended or whose membership has been so forfeited may be reinstated to active membership in good standing by a vote of the Chapter and payment of current dues for the year in which the reinstatement occurs. Provided, however, that the Chapter, Department, or the National Organization, may waive the provisions hereof, upon payment of dues for the year in which the reinstatement occurs, with reference to former members who have been prevented from the payment of dues by reason of active military service.
Section 2. Membership in the American Legion Riders is restricted to members of The American Legion, The American Legion Auxiliary, The American Legion Junior Auxiliary, or The Sons of the American Legion, a member may not renew their membership in The American Legion Riders unless they have also renewed their membership in their appropriate parent organization.
Section 1. Members may be suspended or expelled under the same procedures providing for the suspension or expulsion of a member of The American Legion in the Department Trail Manual and these bylaws.
Section 2. A member may be temporarily suspended from membership by agreement of a majority of officers in attendance at any function where they are representing the American Legion Riders if they are judged by the officers to be acting in a manner bringing discredit on the organization. This suspension will be immediate and in effect until the next regularly scheduled monthly meeting. The suspended member is required to discontinue wearing clothing bearing the American Legion Riders identification immediately in accordance with these bylaws and California Military and Veterans Code Section 1820 and until they are restored to full membership status.
Section 3. Any member may be expelled or suspended from the Chapter by a majority vote of the general membership present at a regular chapter meeting. The expelled member is required to discontinue wearing clothing bearing any American Legion Riders identification in accordance with California Military and Veterans Code Section 1820. A member may be expelled if they no longer meet the requirements of membership or they have acted in such a manner as to bring discredit on the organization. An expelled member may appeal for reconsideration to the Post 416 Executive Committee.
Section 4. Any member expelled or suspended from Post 416 or their home Post will be automatically expelled from the Chapter 416 American Legion Riders. When the member is reinstated, they must make a new application for membership in the Post 416 American Legion Riders as described in Article IV, Section 2 of these bylaws.
CHAPTER CONSTITUTION AND BY-LAWS
Section 1. In formation of the By-Laws governing Chapter 416, there shall be no conflict with the Department of California Constitution and By-Laws governing The American Legion Riders.
Section 1. Proposed amendments to these By-Laws must be submitted in writing to the Executive Committee and at a regular meeting of the Chapter and read there at. At the next regular meeting the proposed amendment may be adopted by a two-thirds (2/3) affirmative vote of those present and voting. A committee of officers and members shall be appointed annually to review and recommend amendments to the By-Laws.
Section 2. Any provision of these By-Laws not in compliance with the Department of California American Legion Riders By-Laws, shall be automatically amended to conform to those By-Laws and to The American Legion National, Department, Area, District, or Post 416 By-Laws under which this organization operates. Such amendments will be announced at the next regularly scheduled meeting of the Chapter 416 American Legion Riders.
Section 3. It shall be the responsibility of the Judge Advocate to ensure that the By-Laws of the American Legion Riders Chapter 416 are in agreement with the American Legion National, Department, Area, District, and Post 416 By-Laws under Article XII, and to present the necessary proposed amendments to the Executive Committee and the membership at a regularly called meeting.
Section 4. These By-Laws and any amendment initiated by the Chapter which is not in conflict with Department bylaws shall be in effect until approved by The Department of California American Legion Riders.
were adopted on July 11, 2011 at Encinitas, California, Post 416, by vote
of the members of