ARTICLE I. NAME

The name of this Association shall be the New Jersey Bicycling Association, Inc.

ARTICLE II. PURPOSE

(A) The objective and purpose of this Association shall be to promote, oversee and regulate the sport of bicycle racing in the State of New Jersey.

(B) No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.

Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal Income Tax under section 501(c)(3) of the Internal Revenue Service Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal revenue Service Code, or corresponding section of any future federal tax code.

Upon dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(7) of the Internal revenue Service Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by the appropriate part of the Superior Court of New Jersey of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said court shall determine, which are organized and operated exclusively for such exempt purposes.

ARTICLE III. Membership

(A) The membership of this Association shall consist of bona fide bicycling clubs which are members of and in good standing with USA Cycling and

(1) Are either based in New Jersey and have members who reside in New Jersey; or

(2) Are not based in New Jersey but have members who reside in New Jersey; and

(2) Have paid such dues as established by the Executive Board.

(B) This Association shall be affiliated with and a member of USA Cycling, and shall be a Local Association as defined by the USA Cycling.

ARTICLE IV. ORGANIZATION

(A) Officers. There shall be a president, vice-president, secretary, treasurer and a riders’ representative. The officers elected during the election held in November 2008 shall continue to serve in those positions subject to the following provision. Effective in 2010, a vice-president, treasurer and riders’ representative shall be elected to serve a term of two years, such election to be held during the month of November 2010.  Elections for vice-president, treasurer and riders’ representative shall be held every two years thereafter at approximately the same time. Effective in 2011, a president and secretary shall be elected every two years, such election to be held during the month of November 2011. Elections for president and secretary shall be held every two years thereafter at approximately the same time. The terms of all officers shall commence on January 1 immediately following their election and shall expire following December 31 two years thereafter.

(1) The president shall preside at all meetings of the Association and shall enforce its constitution and by-laws. The president shall appoint members to the standing committees. As the need arises, she/he shall create temporary committees to expedite action upon matters not under authority of the standing committees.

(2) The vice-president shall assume the duties of the president in his or her absence, shall oversee legal affairs of the Association and shall oversee planning of state championship events.

(3) The secretary shall conduct all correspondence, shall record the minutes of the meetings and shall read such minutes upon request, shall keep a full and complete record of the resolutions passed by the executive Board, and shall serve as registered agent for the Association.

(4) The treasurer shall collect, deposit, pay and keep records of all monies received by the association, its committees, officers and agents. The treasurer shall pay reasonable, regular and recurring expenses as they may arise. The Executive Board shall establish such other procedures for the payment of bills and issuance of Association checks as it may deem appropriate. The treasurer shall report on the financial standing of the Association at each meeting.

(5) Any officer may be removed for misconduct or other good and just cause by two-thirds vote of the membership. In the event of the resignation or removal of any officer, or if any officer cannot continue to serve for any reason, the Executive Board may by majority vote elect a replacement for the remainder of the term, or may call for a special general election. There shall be no pre-determined order of succession, and the Board may fill vacancies from existing board members or from non board members in its discretion.

(B) Executive Board. The routine direction of affairs of the Association shall be committed to an Executive Board. The voting members of the Executive Board shall be the President, Vice President, Secretary, Treasurer, and a Rider’s Representative. The board may appoint a Promoters Representative who may attend Board meetings and advise the board but will not be a voting member. The Board shall employ a State Coordinator and an Assistant State Coordinator who may attend Board meetings, and advise and report to the Board but will not be voting members.

(1) The President shall be the Chairperson of the Executive Board. The President or a person designated by the President shall, with the advice of the Executive Board, interpret all applicable rules, regulations and laws.

(2) The Executive Board may express its decisions by written resolution, which shall be binding upon the membership in accordance with these by-laws.

(C) Governing Documents. The governing documents of this Association include these By-laws, the Articles of Incorporation of the Association, the rules of USACycling and the United State Cycling Federation, and resolutions of the Executive Board. In the case of conflict between governing documents, they shall have precedence over one another in the order listed in the previous sentence

Article V MEETINGS

(A) Meetings of the Association shall be held regularly, on dates determined by the Executive Board. The date, time and location of each meeting shall be announced by email to all member clubs reasonably in advance of each meeting.

(B) The representatives of at least 25% of member clubs shall constitute a quorum.

(C) Each member club in good standing shall have one vote to be cast by the club’s representative, who may be the club president or his or her designee.

(D) Association meetings shall be open to the public. Any person interested in the sport of cycling is welcome to attend the meetings and join in the discussion.

ARTICLE VI. STANDING COMMITTEES

Standing committees shall be appointed by the President and may include Newsletter, Budget and Finance and Competitive Development Committees

ARTICLE VII. AMENDMENTS TO THESE BY-LAWS

These by-laws may be amended by a two-thirds vote of the member clubs present at any regular meeting, provided the proposed amendment has been submitted in writing at a previous meeting and an announcement of the proposed amendment, including the exact wording of the amendment, has been sent by regular mail and email so as to reach all member clubs more than thirty days before the meeting at which the vote is to be taken.

ARTICLE VIII. BUDGET AND FINANCE

(A) A budget shall be prepared by the Budget and Finance Committee, or such other committee appointed by the President, and presented to the membership in January with a vote for approval by the majority of the membership present.

(B) The Association’s financial records may be audited by an independent auditor at the conclusion of the Executive Board’s two year term, and shall be audited upon majority vote of the membership no more frequently than every two years.

ARTICLE IX CODE OF ETHIC AND CONDUCT

The executive board shall enact and enforce a code of conduct and ethics which

(1) Ensures that any conflicts of interest or the appearance thereof are avoided or appropriately managed through disclosure, recusal or other means;

(2) Ensures that the organization conducts all transactions and dealings with integrity and honesty;

(3) Ensures that the organization promotes working relationships with board members, staff, volunteers, and program beneficiaries that are based on mutual respect, fairness and openness;

4) Ensures that policies of the organization are in writing, clearly articulated and officially adopted;

(5) Ensures that the resources of the organization are responsibly and prudently managed; and,

(6) Ensures that the organization has the capacity to carry out its programs effectively.

(7) Ensures that the business of the organization will be carried out pursuant to the organization’s bylaws; and

(8) Ensures that officers of organization do not use their position within the organization to obtain any benefit that would not otherwise be available to any other member.

ARTICLE X. ENACTMENT OF THESE BY-LAWS

These by-laws shall be deemed enacted and binding if, after presentation to the authorized representatives of member clubs, and reasonable opportunity for review, a majority of such authorized representatives do not object to their enactment.

Amended: December 2006

Administrative Rules of the New Jersey Bicycling Association

HARDSHIP REQUESTS

A promoter making a hardship request may receive up to the lowest of:

1. His or her net loss;
2. The amount of his or her net loss in proportion to ALL of the hardship requests as shown in the formula below:
   Net Loss * (Net Loss / Sum of All requests) * Budgeted Hardship Funds;
3. $1,500

Full disclosure of all income and expenses must be submitted to the treasurer by December 31 of the year in which the race was held or the request will be disallowed.

POST EVENT PAPERWORK

Paperwork & Surcharges must be received by an NJBA board member or the state coordinator within 21 days after the conclusion of an event or series. Additional service fees will apply to all late filings: $50 if within 22 – 30 days of event, $100 if within 31 – 60 days of event. After 60 days promoters will face future permit cancellations/suspensions. Incomplete paperwork (including but not limited to USACycling and NJBA surcharges, one day licenses, annual renewals and all post event forms) will not be processed.