The name of the Club shall be Rainbow Cyclists.
The objective of the Club shall be to:
a) Facilitate cycling for the Gay and Lesbian community of San Diego.
b) Rainbow Cyclists is a recreational bicycling club for the Gay and Lesbian community of San Diego County and their friends.
c) The Club shall not participate in any political activities not related to bicycling. No officer or member shall represent the club in any such activities not related to bicycling. The Club and its officers may lobby for specific bicycle purposes only.
The Club shall not be conducted or operated for profit and no part of any profits, remainder or residue from dues or donations to the Club shall inure to the benefit of any member(s) or individual(s).
Open membership, consisting of individual and household membership shall be open to all persons 18 years of age or older who subscribe to the proposes of this Club. Family membership consists of the voting privileges of two adult persons residing in the same household and who apply at the same time on the same application.
While membership is to be unrestricted as to residence, the Club's primary purpose is to be representative of the bicyclists in its immediate area.
Membership dues shall be set by the Board of Directors. Dues shall be good for one year of membership from the date of receipt by the Club. No member may vote whose dues are not paid for the current year.
The Board of Directors may assess additional fees for special activities or activities in conjunction with other clubs.
Hereinafter, the term "Member" shall refer to in paid status and a member in good standing.
Membership shall be open to any person who pays the dues and agrees to the By Laws of the Club. An applicant must file a membership form with the required dues.
By joining Rainbow Cyclists a member agrees to the following waiver:
"I understand that in participating in activities I will be using public streets and facilities where many hazards exist and I am aware of and appreciate the risks which may result. I also am aware that accidents may occur during bicycle riding and that I may be seriously injured or killed as a result. I am voluntarily participating in this ride with knowledge of the dangers involved an I agree to accept any and all risks of injury or death.
"In consideration for being permitted by Rainbow Cyclists to participate in activities, I agree to assume all risks and to release and hold harmless Rainbow Cyclists (as well as its directors, officers, agents, employees and members) who, through negligence, carelessness or any other cause might otherwise be liable to me. I intend by this Waiver and Release to release, in advance, and to waive my rights and to discharge Rainbow Cyclists and all other persons mentioned above, from any and all claims for damages for death, personal injury, or property damage which I may have, or which may hereafter accrue to me, as a result of my participation in these activities, even though that liability may arise from negligence or carelessness on the part of the persons or entity mentioned above.
"I understand and agree that this Waiver and Release is binding on my heirs, assigns and legal representatives."
Members of the Board may refuse application of renewal for reasonable cause and may terminate membership by refunding a prorated amount of dues.
Membership shall be terminated by:
a) Lapsing. A member will be considered as lapsed and automatically terminated if such member's dues remain unpaid 30 days after membership expiration. However the Board may grant an additional 30 days of grace. In no case may a person be entitled to vote at any Club meeting whose dues are unpaid as of the date of the meeting. Membership expiration shall be one year from the date the club receives the dues and membership form.
b) Members of the Board may refuse application for renewal for reasonable cause and may terminate membership by refunding a prorated amount of dues.
An annual meeting of the club shall be held in Greater San Diego area to elect the Board of Directors and conduct such other business as the club may have. Members shall be given written notice of such meeting not less than 30 days prior to the meeting. Notice may be given in the Newsletter. The quorum for such a meeting shall be 10% of the membership.
Special club meetings may be called by the President or by a majority vote of the members of the Board who are present and voting at any regular or special meeting of the Board, and shall be called by the Secretary upon receipt of a petition signed by five members of the Club who are in good standing. Such special meetings shall be held in the greater San Diego area at such date, hour and place as may be designated by the person(s) authorized herein to call such meetings. Written notice of such meeting shall be mailed 15 days prior to the date of the meeting; and such business may be transacted thereat. The quorum for such a meeting shall be 10% of the members in good standing.
Meetings of the Board of Directors shall be held at least once annually in the greater San Diego area at such hour and place as may be designated by the Board. Any member of the Board may call for a meeting. Written notice of the meeting shall be printed in the Newsletter. The quorum for such a meeting shall be a majority of the Board. Any member may attend such a meeting as an observer only.
Special meetings of the Board may be called the the President or by the Secretary upon written request signed by at least three members of the Board. Such special meetings shall be held in the greater San Diego area and at such hour, date and place as may be designated by the persons authorized to call such meeting. Notice of such meeting shall be communicated by the secretary at least five (5) days prior to the date of the meeting. Any such notice shall state the purpose of the meeting and no other business shall be transacted thereat. A quorum for such a meeting shall be a majority of the Board.
Each member who has paid the dues in full at the time of the meeting shall be entitled to one vote at any meeting of the Club at which s/he is present. Proxy voting will not be permitted at special club meetings and elections.
The Board shall be comprised of five members.
Board members shall be elected for a one year term and must be members in good standing at the time of election.
Officers shall be appointed by the Board and shall serve at the pleasure of the Board. The Board shall designate officers and their duties as the needs of the Club dictate.
A Directory may also serve as an officer. A person may hold more than one office. Officers shall include a President, Secretary and Treasurer.
Any Officer or Director who fails to attend three (3) consecutive meetings of the Board of Directors without known cause shall be presumed to have resigned and the Board of Directors may declare the position vacant.
Any vacancy occurring on the Board during the year shall be filled until the next annual election by a majority vote of all the then members of the Board. The vacancy may be filled at the next regular meeting of the Board, or a special meeting of the Board may be called to fill the vacancy.
The Club's fiscal year shall begin on the first day of January and end on the last day of December.
The annual meeting shall be held in the month of January at which time the Board of Directors for the ensuing year (as designated in Article IV, Section 1) shall be elected by secret, written ballot from among those nominated in accordance with Section 4 of this article. The new Board shall take office the first day of the following month., February 1.
There must be a quorum of 10% of the membership to hold the election. Each member may caste a number of votes equal to but not to exceed the number of positions to be filled. Voting is non cumulative. The candidates receiving the greatest number of votes shall be elected.
No person may be a candidate in a Club election who has not been nominated. The Board may appoint a nominating committee and set the rules of that committee. A nominee must give his/her agreement to the nomination either in writing or verbally to the Secretary or the Officer in charge of the nominating committee.
Additional nominations may be taken from the floor prior to the election. Any person may nominate themselves for office.
Amendments to the By-Laws may be proposed by the Board of Directors or by written petition addressed to the Secretary signed by twenty-five percent of the membership in good standing. Amendments proposed by such petition shall be promptly submitted to the members with recommendations of the Board by the Secretary for vote within 90 days of the date the petition was received by the Secretary.
The By-Laws may be amended by a two-thirds vote of the members present and voting providing there is a 10% quorum of members in good standing and that written notice of the proposed amendments have been included in the notice of the meeting and mailed to each member at least two weeks prior to the date of the meeting.