FMARC Constitution

PREAMBLE:

The Fort Myers Amateur Radio Club, Inc. is established to provide all members the pleasure and benefits of the association of persons commonly interested in Amateur Radio.
The club objectives are to facilitate the exchange of information, to promote knowledge of electronics and amateur radio, to promote good radio operating practices and further the art of Amateur Radio, to sponsor and promote activities relating to amateur radio, to render public service during emergencies and to participate in other appropriate community activities.

ARTICLE I (1) – NAME

The name of this organization shall be the FORT MYERS AMATEUR RADIO CLUB, or to be known as FMARC, hereinafter called “FMARC”.

ARTICLE II (2) – PURPOSES

The purposes for which this organization is formed are:

Section 1 –
The primary purposes are to operate a non-profit corporation for education and scientific purposes as follows:

To educate and increase proficiency of its members in the science of radio communications.

To provide for dissemination of information among its members in the science of radio communications.

To organize and train units of licensed radio amateurs capable of maintaining radio communications as a public service during periods of emergencies.

To encourage and sponsor experimental activities in radio communication and electronics, to the end that skills and experience gained in amateur radio will further the application of electronics to the benefit of the public at large.

To promote the elevation of standards of practice and ethics in the conduct of amateur radio communication.

To promote the amateur radio hobby through example and provide and maintain open repeaters for the bands authorized for the Amateur Community.

To assist in carrying out these primary purposes, this corporation maintains and intends to maintain, an active affiliation with the American Radio Relay League (ARRL), Inc., of Newington, CT., the national nonprofit organization of radio amateurs.

Section 2 –
The general purposes and powers are to have and exercise all rights and powers conferred on nonprofit corporations under the laws of Florida, including the power to contract, rent, buy, or sell personal or real property, provided, however, that this corporation shall not, except to an
insubstantial degree engage in activities or exercise any powers that are not in furtherance of the primary purposes of this corporation.

Section 3 –
No part of the activities of this corporation shall consist of advocating any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office.

ARTICLE III (3) – MEMBERSHIP

Section 1 –
All licensed amateurs are eligible for active membership. Upon application and payment of current dues and/or assessments these licensed amateurs become full voting members of the Fort Myers Amateur Radio Club.

Section 1A –

An Honorary Life Membership may be awarded to any licensed radio amateur upon an affirmative recommendation by the Board of Directors followed by a majority vote of the active members attending a regular meeting of the Club. Honorary Life Membership shall be dues-free for life and carries all rights and privileges of an active membership.

Section 1B –

Family membership is available to all immediate family members residing within the same household as an active member, and is available by application and payment of the additional dues or assessments as may be established. Only licensed family members have voting rights.

Section 2 –
All other interested persons are eligible for associate membership. Upon application and payment
of current dues and/or assessments these interested persons become non voting members of the
Fort Myers Amateur Radio Club.

Section 3 –
The Fort Myers Amateur Radio Club, by a majority of those present at a regular meeting, may levy upon the general membership such dues or assessments as deemed by the Board of Directors to be necessary for the business of the organization. Said dues and assessments shall be presented to the club membership for consideration at a meeting prior to the meeting at which the vote is taken unless such action is waived by two thirds (2/3) of those present at said meeting.

ARTICLE IV (4) – MANAGEMENT AND OFFICERS

Section 1 –
The general management of FMARC shall be vested in the Board of Directors who shall be elected or appointed as provided herein.

Section 2 –
The officers shall be a President, a Vice-President, a Secretary, and a Treasurer.

Section 3 –
The Board of Directors shall consist of the President, Vice-President, Secretary, Treasurer, two Directors and the immediate past-President.

Section 4 –
The Board of Directors shall have the power to fill any unexpired term. Such appointment shall be for the length of the unexpired term only.

Section 5 –
No FMARC Officer or Director shall receive, directly or indirectly, any salary or emoluments from FMARC.

Section 6 –
The President shall be an ex-officio member of all committees.

Section 7 –
The officers, when duly elected at the election meeting as provided in the By-Laws, shall take office at the conclusion of the annual meeting at which they are installed.

Section 8 –
The club will have an annual budget. Anything spent beyond this budget needs to be approved before-hand. An annual budget meeting will be held in October, where the budget will be presented at the board meeting and later presented at the general meeting, then voted on at the
November meeting.

ARTICLE V (5) — DUTIES OF THE BOARD OF DIRECTORS
Section 1 –
The Board of Directors shall have control of the property and the affairs of FMARC and shall establish its policies according to its Bylaws and take all necessary and proper steps to carry out the objectives of FMARC.

Section 2 –
It shall have the authority to recommend suspension, censure or expulsion of Club members as provided in the Bylaws.

Section 3 –
It shall select the Trustee of the Club license in accordance with Article 97.39 FCC Rules and Regulations. Once selected, the Trustee will hold this position until (1) the license expires, (2) the Trustee resigns, (3) the Trustee is removed from office for cause, as provided for in the Bylaws.

Section 4 –
The Board of Directors may propose to adopt, amend, or revoke any Bylaws. Proposed changes and reasons therefore shall be presented to the membership one month before the meeting at which a vote is to be taken thereon. A majority vote cast at the stipulated meeting shall be required to approve any new Bylaws, amendment, or revocation thereof.

ARTICLE VI (6) – MEETINGS

Section 1 –
FMARC Board shall hold a Budget Meeting each year as provided for in the Bylaws.

Section 2 –
Other meetings of FMARC may be held throughout the year for advancement of the Club objectives. The time and place of such meeting shall be designated by the Board of Directors.

Section 3 –
Business pertinent to FMARC may be transacted at any meeting, except matters of organization, policy and finance shall be brought up only for discussion and then shall be referred to the Board of Directors.

Section 4 –
A quorum shall be required for a General Membership meeting. Quorum is defined as 10% of the voting membership, as well as 2 officers.

ARTICLE VII (7) – MISCELLANEOUS

Section 1 –
On all questions of order or procedure not otherwise determined by the By-Laws, Roberts Rules of Order constitutes the Standing Rules of order.

Section 2 –
No member of the club shall dispose of records or property of the Club without the approval of the Board of Directors; accept as authorized in section 3.

Section 3 –
The property manager may sell articles that were donated to the club for the purpose of re-sale.

ARTICLE VIII (8) – FINANCIAL OBLIGATIONS

All obligations incurred by FMARC shall be solely corporate obligations and no personal liability whatsoever shall attach to or be incurred by any members, Officers or Director or FMARC by reason of any such corporate obligation.

ARTICLE IX (9) – DEDICATION OF ASSETS

The property of this corporation is irrevocably dedicated to educational and scientific purposes, and no part of its net income or assets shall be ever inured to the benefit of any director, officer, or member thereof or to the benefit of any private individual. Upon the dissolution of this
corporation, its assets remaining after the payment of, or the provision of, all debts and liabilities, shall be distributed to any organization exempt under Section 501 (c)(3) of the Internal Revenue Code or a Florida non-for-profit corporation.

ARTICLE X (10) – AMENDMENTS

Section 1 – Constitution:

Amendments to this constitution shall be proposed by a majority vote of the Board of Directors.
Proposed amendments shall be submitted to the membership at least one month before the meeting at which vote is taken thereon, and shall be included in the notice of such meeting.
A ballot shall be mailed out to all eligible voting members. A two-thirds majority vote of the returned ballots postmarked by the date specified shall be required for adoption of an amendment to this constitution. Amendments shall become effective upon adoption unless a later date is specified in the motion for adoption.

Section 2 – By-laws:

Any proposal to amend or repeal the bylaws must be submitted to the Board of Directors. If the proposed amendment has the approval of a majority of the Board, the Board will instruct the Secretary to notify the membership of the proposed amendment at least ten days prior to the meeting at which the vote is to take place. Such notice may be communicated in person, by
telephone, telegraph, e-mail, radio, teletype, or any form of electronic communication ortransmission.
Posting notice of such proposed amendment in the FMARC Newsletter that is distributed to the
membership by e-mail shall satisfy the notification requirements of this section.
The bylaws may be amended or repealed by a majority of members present and eligible to vote at a duly held membership meeting.

Section 3 –

No amendment or repeal of the constitution or by-laws can be made which is not in harmony with the laws of the State of Florida governing the formation and chartering of a not-for-profit corporation.