By-LAWS


I. Membership
II. Meetings
III. Headquarters
IV. Executive Board/ Extended Boards Duties
V. Colors
VI. Exclusive Right to Name and Marks
VII. Conduct
VIII. Discipline/Due Process/Loss of Membership
IX. Resignation/Leave of Executive Board/Members
X. Associate Membership
XI. Removal of Officers from Office 
XII. Amendments


Constitution



1. There shall be no amendments to the Constitution of Indian Knights Motorcycle Club.
2. There shall be no amendments to the By-Laws and/or rules which would alter the purpose and/or for it to operate/exist as Indian Knights Motorcycle Club base in Newark, NJ – Ironbound section. Can’t leave the Ironbound and it’s not up for vote.
3. The Charter Executive Board (having originated the Indian Knights Motorcycle Club in July 2004), will hold office until December 31st. 2005. The nominations will commence in October of that year and the voting will be done in November of every year with winning candidates assuming Office at the following January meeting. This will be done to insure the longevity of Indian Knights Motorcycle Club.



BY-LAWS

Article I: Membership

1. Membership is open to all licensed motorcyclists 18 years of age or older who own a motorcycle over 650cc. Size of motorcycle can be waived by 2/3 of Executive Board.
2. Membership will be pro-rated decided by Executive Board.
3. $100.00 dues per year. Pro-rated by decision of the Executive Board.
4. Colors will be a one time fee of $50.00. Members do not own colors. Each member must sign a lease of ownership when receiving the colors.
5. Probation period will be determined by the Executive Board.
6. A probationary member may be expelled for any reason during his probationary period by the Executive Board.
7. Members must pay yearly renewal dues by FEBRUARY meeting. A member may be expelled for failure to pay dues.
8. Indian Knights MC member shall not belong to any other motorcycle club. This does not include political (motorcycle) organizations (AMA, ABATE, etc) or factory based/sponsored (motorcycle) organizations (HOG, etc).
9. Upon becoming an Indian Knights MC member, said member may receive items of property bearing the identification of the club, which shall remain the property of Indian Knights MC, and will be returned upon request whenever, for any reason, such membership shall be terminated and its privileges revoked.
10. The Rights, Title, and Interest of any member in and to the Indian Knights MC shall cease upon termination of his membership, except as to where moneys and/or goods are owed to the Indian Knights MC at which Indian Knights MC still retains a legal right to collect and member still retains a legal obligation to provide. No member shall be entitled to share in the distribution of the Indian Knights MC assets upon the dissolution of the Indian Knights MC.
11. The Executive Board shall decide all matters in reference to membership not specifically addressed in this article.

Article II: Meetings

1. Roberts Rules of Order (Parliamentary Procedure) shall govern the proceeding of a meeting
2. General Membership Meeting
2.01 Presently held the 1st. and 3rd. Friday of the Month.
2.02 10% of the Indian Knights MC membership, including two members of the Executive Board, present a meeting shall constitute a quorum.
2.03 Only members are to be present at a meeting. An exception would be guests, having been voted and Okayed by a majority of members present.
2.04 Due to an exigent/extenuating/emergency situation, meeting may be cancelled and rescheduled by the President with reasonable prior notice given to the membership.
2.05 Members shall not be nor become intoxicated while meeting is in progress. And the bar will be closed at that time.
3. Executive Board Meeting
3.01 Its members shall set time, date and frequency.
4. Special Meeting
4.01 The President, 2/3 vote of Executive Board, or majority vote of the entire membership may call a special meeting at anytime. A meeting shall then be held at such time and place a deemed appropriate by the President with Secretary or designee giving due notice to all members via written format (mail) and /or word to mouth (telephone, etc) reasonably prior to upcoming meeting. Only stated business for which said meeting was initially called shall be discussed/conducted/transacted.

Article III: Headquarters

The Indian Knights MC shall be based and headquartered, with meetings and business conducted, in the Ironbound section of the City of Newark, County of Essex, State of New Jersey, Nation of United States of America. Until the establishment of a permanent Club House, meetings will be held at randomly place, designated by the President, in Newark, NJ 07105.

Article IV: Executive Board/Extended Board Duties

1. The Executive Board shall consist of the President, Vice President, Secretary, Treasurer, Head of Security and Road Captain.
1.01 The Executive Board shall make all decisions pertaining to Indian Knights MC matters.
1.02 Members must have attained 50% combined attendance of meetings and/or runs to qualify for an Executive Board position.
1.03 Nominations will be accepted at the October meeting. A member need not be present in order to be nominated, provided that a letter expressing his willingness to accept the position and its responsibilities/duties is received by the Executive Board prior to meeting. A member may nominate himself. A member can only hold one office. If a member presently holds an office and chooses to run for another office, said member automatically forfeits his position.
1.04 Voting shall be done at November meeting. Member must be present to vote. Only exceptions for absentee voting are:
• Member is working at time of vote
• Member is away on vacation at time of vote.
• Member himself has a serious medical emergency or to an immediate family member (wife or child – no other)
1.05 Absentee voting will be done by phone, calling meeting place and talking to Secretary
1.06 Voting shall be by ballot utilizing the following method:
• At start of meeting, members will be given a ballot sheet by Head of Security. Members will fill out sheet and give it back to Head of Security
• Ballot will be counted by 8:30PM in front of Executive Board.
• Results will be then announced to membership.
1.07 New Executive Board will take office on January 1st.
1.08 Term of office shall run ONE year.

2. Executive Board/Positions Elected and Appointed
2.01 President: Elected Position. When nominated, and member accepts to run, member must appoint a Vice President of his choice.
2.02 Treasurer: Elected Position
2.03 Secretary: Elected Position
2.04 Head of Security: Appointed Position. Solely appointed by the President and can only be terminated by the President. Head of Security will then, upon President’s approval, appoint the Sergeant of Arms of his choosing. The number of Sergeant of Arms will be determined by member’s quantity.
2.05 Head of Road Captain: Elected Position. Once elected, Head Road Captain will select members for Road Captain position. After selection, President will approve or disapprove. The number of Road Captains will vary with member’s quantity.

3. Duties
3.01 The Indian Knights MC President Shall:
• Be the Indian Knights MC’s Chief Executive Officer and Commander in Chief, heading the Club, and overseeing and controlling the operation of the Club, with all other officers/members being subject to his authority and supervision.
• Preside all meetings, maintain order, and enforce compliance of rules of decorum and discipline.
• Decide and/or explain all questions of order and/or issues of business
• Announce all business, including results of all motions, votes and ballots.
• Enforces Indian Knights MC’s Constitution, By-Laws and Rules.
• Personally represent the Indian Knights MC at all occasions and business contracts.
• Decide rules and/or pass judgment on all items not covered in the By-Laws and/or Rules.
• Order, maintain, distribute and control the Indian Knights MC colors.
• Secure, keep, and maintain the Indian Knights MC Charter until it is permanently displayed in the Club House.
• Investigate all prospective members, although task may be delegated to an Executive Board Member.
• Appoint any committee.
• Co-sign all notes, checks, contracts, deeds, leases, mortgages, and all other legal documents with the Treasurer.
• Call all meetings, discuss and debate any motion before the assembly and utilize general consent.
• Execute security boards if necessary.
• In times of emergency or exigency, possess full authority to make any decision and/ or take any action that the situation requires.
• Generally run, govern, and have charge and supervision over and responsibility for the affair of the Indian Knights MC.
• Has the authority to write a check up to the amount of $250.00 without Executive Board approval.
• Perform all other duties and be empowered as normally associated with position.

3.02 The Indian Knights MC Vice President Shall:
• Assume, possess, and exercise the duties, responsibilities, and powers of the President in his absence.
• Assist in conducting meetings.
• Head committees, either standing or appointed by the President, as needed, and to provide a report on it to President and at meetings.
• Assist other Executive Board members if needed or take over in their absence.
• Perform such duties, assume such responsibilities, and possess such powers as determined and assigned by the President.
• Perform all other duties and be empowered as normally associated with the position.

3.03 The Indian Knights MC Secretary Shall:
• Take, keep, maintain, and update accurate records of proceedings of meetings and properly record it in the minutes.
• Take custody of all papers and documents belonging to Club after making a copy for President’s safekeeping.
• Perform the duties for Club correspondence.
• Read and distribute correspondence at meetings.
• Maintain a record of members who owe an outstanding debt to Indian Knights MC (copies to President and Treasurer).
• Perform all other duties associated with the position.

3.04 The Indian Knights MC Treasurer Shall:
• Be the Club banker as custodian of the funds of the Club, receiving all funds and depositing same in name of Indian Knights M C in such bank/institutions/trust company as may be designated by the Executive Board.
• Keep accurate records and books of account relative to Indian Knights M C’s finances, entering regularly the full and accurate amount of all moneys and obligations received and paid or incurred by him for/or on account of the Indian Knights M C, which at reasonable times, shall be open for inspection by members of the Indian Knights M C.
• Provide a full financial report at all meetings.
• May be required to give bone (bonding) for the faithful performance of his duties, in such sum and with such sureties as the Executive Board may require.
• Is the co-signer on all notes, checks, and legal instruments given on behalf of the Indian Knights M C.
• Maintain a record of all debts owed to the Indian Knights M C, including a list of all delinquent members in conjunction with Secretary, and collect it in conjunction with Head of Security.
• Maintain record of money used to order merchandise and profits realized from the sale of it in conjunction with Quartermaster.
• Perform such duties, assume such responsibilities, and possess such powers as determined and assigned by the President.
• Perform all other duties and empowered as normally associated with the position.

3.05 The Indian Knights M C Head of Security shall:
• Shall be President’s personal guard, will accompany President to all outside functions, meeting, etc.
• Answers only to President. Appointed by President and can only be terminated by President. Executive Board has no say to this position.
• Appoints Sgt. at Arms with President’s approval.
• Terminates Sgt. at Arms with President’s approval.
• Appoints the number of Sgt. at Arms as needed.
• Collects all outstanding debts owed to Club.
• Retrieves and collects colors, and all other Club paraphernalia from delinquent members, members deemed no longer having the right to possess same.
• Enforces and carries out rulings/decisions/judgments.
• In the absence of the President, will decide with Board members present, the safety of the Indian Knights MC members at all functions.
• HOS and Board present will decide whether or not Indian Knights MC
• Decides in absence of the President with any Board members present, at any functions, if Indian Knights MC members have had enough to drink. If so, drinking must stop, including Board Members.
• Decides to leave a function. Any member refusing to do so, will surrender his colors to HOS until President and Board determine when to return colors to member.
• Will consult all Board members present at any function before any final decision is made for security and safety of Indian Knights MC members, unless the Indian Knights MC President is present. Board will consult with the President and HOS before any action is taken.
• In the absence of the President, at any function, Board members will act accordingly. If any action must be taken against Board members, HOS will take such action to resolve present situation, and the President will be notified of such action.
• IF HOS cannot attend said function, the President and present HOS will decide which Board member or Club member will be acting HOS until function is over. He will be responsible for Club member behavior.
• In the absence of the President and Board members, HOS or acting HOS will determine the safety and security of all Indian Knights M C members and report to the President of any problems that occurred during function.
• When a decision has been made for an Indian Knights M C member to leave said function, it is HOS responsibility to gather up all Indian Knights M C members before leaving. Remember strength in numbers.
• Enforces and maintains order at all meetings and functions.
• Inspects all persons present before the opening of meetings, functions, and runs.
• Takes appropriate actions when the good image and reputation of the Indian Knights M C is or will be at stake.
• Assures meeting area is properly prepared.
• Will be the keeper of the Indian Knights M C flag and American flag.

Head of Security has all the above responsibilities. He has at his disposal a number of Sgt. at Arms to delegate the task. But the responsibility falls to the Head of Security if his Sergeants cannot complete their assignments.

3.06 The Indian Knights M C Head Road Captain/Road Captain shall:
• Research, plan, schedule all tours, runs, activities, functions, events, etc.
• Provide Club with notices to outside tours, runs, activities, functions, etc.
• Determine time and place of departure, secure directions, and select routes, setting fuel and food stops.
• Be in complete charge of all rides.
• Ride at beginning of formation, leading same, setting the pace, stopping/blocking other traffic, thereby allowing safe uninterrupted passage of remainder of formation, enforcing all rules of the road.
• Designate a Tail Guard to ride at the very end of formation.
• Provide and maintain a yearly run/event schedule.
• Inspect all bikes before run.
• Stage the riding formation: Board members, members with colors, members without colors, non-members, Tail gunner.
• Assure same formation going to and coming from run/event. NO EXCEPTIONS.
• Perform such duties, assume such responsibilities, and possess such powers as determined and assigned by the President and/or Executive Board.
• Perform all other duties and be empowered as normally associated with the position.

Head Road Captain has at his disposal Road Captains to delegate workload. But the responsibility of the assignment falls on the Head Road Captain to be carried out.

3.07 The Founding President shall:
• Answer to the President.
• Act as an advisor to the President.
• Perform duties, assume responsibilities and possess the powers determined and assigned by the President.

Article V: Colors

5.01 Only Colors on the back of the vest
5.02 Colors are to be worn on black leather vest, or on blue or black denim vest.
5.03 members will be wearing an American flag on left front of the vest nothing above the American flag.
5.04 name tag on front right.
5.05 club title on front right.
5.06 allowed 2 sets of colors max.
5.07 If a member loses his or hers colors (or has taken them away by another club) he or her may stand to lose membership in this club, depending on the circumstances.
5.08 members do not own colors. Colors remain the property of the Indian Knights M C. They are leased to a member for a one-time fee of $50.00. If a membership is terminated, the colors must be removed from vest (purchased and owned by member) and immediately returned to the Indian Knights M C in a good condition. A second set of colors can be leased for an additional $50.00.
5.09 If a member leaves in a good standing, he may retain the colors, pursuant to the commendation of the president and/or executive board.
5.10 members are required to wear colors at any and all public outings/events/runs/parties/functions/club meetings, etc. attended/undertaken by and/or connected to/involving the Indian Knights M C.
5.11 members are encouraged to wear the colors all other times when riding in groups.
5.12 probationary members shall not be issued colors until voted in as permanent.
5.13 no one except for a member of the Indian Knights M C may/fly club colors, be it partial of full. No one shall lend colors to a non-member.
5.14 colors are not to be modified, altered, changed, reproduced, imited and copied, in a part or full, by club members.
5.15 colors are to be procured, controlled, and distributed/issued by the president or his designee. A record of members who possess colors must be maintained and made available to the executive board on demand.
5.16 members are not allowed at club meetings without colors.

Article VI: Exclusive right to name and marks

6.01 The Indian Knights M C shall have the exclusive right to use the designated club indicator “Indian Knights”, “Newark”, “Ironbound”, and the Club Crest. The Indian Knights M C shall retain the exclusive and sole right to use; or allow or refuse the use of all emblems, seals, or any and all other items incorporating the prior in reference to the Indian Knights Motorcycle Club, Newark, NJ, Ironbound or any other club identifiers and/or registered marks.
6.02 No one shall develop, make, create, trade, buy, display, use, offer for sale, or sell any items bearing any of the above [section 1] without the prior consent/approval of the executive board.
6.02 No one shall utilize above [section 1] in any business pursuit or any other activity which violates the constitution, by –laws, and/or civil/criminal law.

Article VII: conduct

 7.01 no one shall shame or disgrace the Indian Knights M C, club colors or another member.
7.02 No Indian Knights M C member shall conduct themselves in such manner as to be disorderly or prejudicial to the character and welfare of the club or contrary or in violation of or not authorized by the constitution, by-laws, and/or rules of the Indian Knights M C .
7.03 rules and practices of brotherhood shall be followed.
7.04 a member must always assist another member to the best of his abilities.
7.05 No wheelies, burnout etc. which may harm and/or put others in danger when wearing Indian Knights M C colors)
7.06 If club or an individual member is attacked (verbally, physically, etc), all other members will unite and handle the situation. If an individual member is confronted/attacked, then, in essence, the entire, Indian Knights M C is confronted/challenged/attacked.
7.07 No fighting among Indian Knights M C members.
7.08 respect shall be shown to other members, wives, children, and their property.
7.09 No one shall destroy, abuse, or use without club’s permission another member’s property.
7.10 No members shall act/do contrary to a collective decision made/rendered by the Indian Knights M C.
7.11 members are responsible for their guests and significant others. A guest of any member attending to an Indian Knights M C run/event will be sole responsibility of said member, who shall inform him/her of our riding styles, etc prior to run/event.
7.12 Riding position of members while in formation shall be as follows: Head Road Captain, President, Vice President, Head of Security, Treasurer, Secretary, Road Captains(s), Sergeant At Arms, Members with colors, Members without Colors, probationary members, non-members/guests, designated Tail Guard/Tail Gunner.
7.13 All riders will ride in staggered formation unless directed to do otherwise by Road Captains.
7.14 Hang signals will be used to identify road hazards, lane changes, etc. If you’re not sure of these signals, ask!
7.15 NO member will ride ahead of an Executive Board member. Doing so will spark disciplinary measures.
7.16 A member can not enter a meeting without colors unless he has the permission of the President or Vice President.
7.17 The formation that the Indian Knights M C rides to an event will be the same formation when we leave the event.

Article VIII: Discipline/Due Process/Loss of Membership

 8.01 A member may be fined, punished, disciplined, suspended, and/or expelled (such as willful or wantonly negligent violation of the Indian Knights M C Rules, Acts, Words, Deeds, or Conduct which may be deemed disorderly, detrimental or injurious to the interests or hostile to the objectives of the Indian Knights M C, insubordination to an Officer, failure to pay assessments owed, etc.) by the Executive Board.
8.02 Procedure: When the act occurs the member will be disciplined on the spot. Member may have his Colors taken. The Executive Board will conduct an investigation and make a determination on the discipline/punishment or termination. Executive Board will need a 2/3 vote for final recommendations. Member will attend a special board meeting and will be told the findings, and pass sentence. Member will be notified and given details at the next general meeting.
8.03 Punishment/sentence/termination/fines will be determined by the board.
8.04 Any member who is suspended from the Indian Knights M C shall not be entitled to the moral or material and/or benefits of the Indian Knights M C, nor shall he be eligible to hold office, vote, or attend meetings of the Indian Knights M C while under suspension. Member will return the Colors to the Indian Knights M C Head of Security while suspended.

Article IX: Resignation/Leave of Executive Board/Members

9.01 President: Resigns – Vice President will take over position until next normal election.
9.02 Vice President: President will appoint new one.
9.03 Treasurer, Secretary and Head Road Captain: Executive board will replace position with a 100% vote until next normal election.
9.04 Head of Security: President will replace position.
9.05 Sergeant at Arms: Head of Security will replace position with President’s approval.
9.06 Road Captains: Head Road Captain will replace with 100% Executive Board Approval.
9.07 Members who resign may only be re-admitted upon full payment of all back dues and approval of 100% vote of Executive Board.
9.08 A member may request that he be given leave which will freeze membership, fees, status and rights. Needs 100% vote of the Executive Board. An executive Board member may only be given a leave on a short term or may have to resign position on President’s decision and/or approval.
9.09 Honorary Member: A member of the Indian Knights M C could be granted honorary member status by the approval of 100% of the Executive Board, and 100% of member vote. This will be done at a special meeting. Honorary members will be exempt from paying dues and will be allowed to keep his colors and wear colors at all Indian Knights M C events. He when wearing colors must abide by Indian Knights M C By-Laws. Honorary membership is an honor.

Article X: Associate Membership

10.01 Indian Knights M C could have one associate member for every ten members.
10.02 Once an associate member, you can’t be terminated due to decrease in full membership.
10.03 associate members are allowed to wear colors on black leather vest or denim vest as full members do.
10.04 associate members have full voting rights.
10.05 associate members will follow on run and special events in trailer vehicle/motorcycle trailer or their private auto. Associate members will caravan to cut down on number of autos on runs.

The Indian Knights M C through the Executive Board will ask a person if he wants to be an associate member. The associate in question must already be involved with the Indian Knights MC for minimum of one year before being asked. The associate in question must know all members and all members must know the associate.

Article XI: Removal of Officers from Office.

11.01 Officers of the Indian Knights M C may be removed from office from incompetence, neglect of duties in their office, malfeasance, failure to comply with Club By-Laws and/or rules, or for conduct unbecoming their standing in the Indian Knights M C.
11.02 Any member entitled to vote, at any open General membership Meeting may make a motion for impeachment, requiring a majority of the vote to carry.
11.03 Executive Board will then initiate an investigation and give findings.

Article XII: Amendments

12.01 The By-Laws of the Indian Knights M C may be amended in the following manner:
• Proposed change/addition to be delivered upon motion/in writing and voice by/signed by 10% of entire membership.
• Action announcement at meeting, entered into minutes, and information forwarded to membership.
• Executive Board to investigate proposed amendment and vote on same.
• A 75% vote of the entire Executive Board shall be required in order to carry vote to membership for final approval.
• A ballot (including information relative to proposed amendment, date results will be compiled, and instructions to return) will then be mailed/distributed to entire membership.
• Ballots will then be tallied with a 75% vote of entire membership needed for approval and adoption of amendment.
12.02 A By-Law may only be amended once a year.