ECPC Constitution

TABLE OF CONTENT

1.     NAME OF ORGANIZATION:
2.    OBJECTIVES OF THE ECPC:
3.    MEMBERSHIP OF ECPC:
4.    MEMBERSHIP FEES OF THE ECPC:
5.    OBLIGATIONS OF MEMBERS OF THE ECPC:
6.    DICIPLINE OF MEMBERS OF ECPC:
7.    TERMINATION OF MEMBERSHIP:
8.    DISPUTE ARBITRATION:
9.    COMMITTEE STRUCTURE OF THE ECPC:
10.   MEETINGS OF THE ECPC:
11.    AGM AND ELECTION OF ECPC COMMITTEE:
12.   TERM OF OFFICE OF ECPC COMMITTEE:
13.   AMENDMENTS TO CONSTITUTION:
14.   RULES OF ORDER OF THE ECPC:
15.   TASK TEAM:
16.   DISSOLUTION:
Format of Constitution shall be as follows:

1.    NAME OF ORGANIZATION:

       The Organization will be referred to and known as the Eastern Cape President Council.  Abbreviation as ECPC.

2.    OBJECTIVES OF THE ECPC:

       To implement safety measures at events for the benefit of all bikers and the public.

3.    MEMBERSHIP OF ECPC:

        3.1     Associated membership shall be open to any company or organization with a vested interest in aiding and or promoting the biking

                  community.

        3.2     At the third meeting of the ECPC. following the publication of such an advertisement and to allow sufficient time for objections, the

                  New Club will be allowed to join by the decision of the ECPC committee and not from the floor.

        3.3     Each club or represented Group (except Associated members) shall be under obligations:

                  *    Regular attendance of meetings;

                  *    Prompt payment of fees;

                  *    Participation in association activities.

                  *    Apologies will be accepted but after three consecutive absences from the meetings your membership shall be brought into

                       question by the committee and decided on at a special meeting.

                  *    All members and Associated members of the ECPC shall be obliged to conduct & reflecting a favorable image of the ECPC at all

                        times.

                  *    Each club or represented Group shall submit an updated membership register to the ECPC committee at the first meeting of

                        each year.

                  *    New clubs will only be allocated a set date on the Events Calendar after being part of the Council for a period of no less than

                        3 years. Thereafter one (1) allocated date will be made available to set club.

                  *    Clubs refrain to use their date 2 years in a row, will forfeit their date.  They have the option to reapply for a new date after

                        3 years.

                  *    Clubs about to be disbanded must notify the council in writing regarding their intentions.

                  *    ECPC to be notified in writing of any changes in the club’ committee or contact details.

4.    MEMBERSHIP FEES OF THE ECPC:

       Membership Fees will be determined by the Committee every three years.

       Utilization of the Subs:

       *    Administrative utilities:

       *    Travel and Overnight for 2 Committee members to attend National Meetings.

       *    ECPC Identification badges for Presidents and VP’s.

       *    AGM lunch.

       At the first ECPC meeting of each year every Club or Associated Group shall pay annual membership fees, as determined by the

       ECPC Committee every 3 years.

       No pro rata fee shall apply and membership fees shall therefore remain the same whether for the full term of twelve months or part

       thereof.

       No Club, or Associated Group shall be considered a member of the ECPC, be allowed to attend ECPC meetings or have a vote unless their

       membership fees are paid in full.

5.    OBLIGATIONS OF MEMBERS OF THE ECPC:

       The obligation of each Club or represented Group shall be as follows:

       *    To promote the good spirit and fellowship amongst all bikers.

       *    To abide by the law and maintain a reasonable standard of behavior.

       *    To support all fellow members in the biking community.

       *    It will be understood by all members that the ECPC will not be held liable in any court case for lawful decisions made following its

            constitution and rules. All members joining will sign an indemnity for adhering to this rule and obligation.

       *    Acknowledge and enforce the 6 MONTH Black Jacket Period, in their respective constitutions as Agreed by and voted in by ECPC

             members.

6.    DICIPLINE OF MEMBERS OF ECPC:

       The failure of any Club or Represented Group, or member of such Club or represented Group, to abide by the regulations and guidelines as

       set out and agreed upon by the ECPC shall result in the following action:

       6.1   The immediate notification in writing to the Club or Group’s representative, concerning the Club or Group, or individual member/s of

               such Club or group’s disregard for regulations and/or guidelines.

       6.2   Such notification shall request the following action to be taken depending on the nature and frequency of incidents.

               6.2.1   Formal apology to ECPC by individual member/s or Club or Group.

               6.2.2   Denying entry to ECPC sanctioned events of individual club or group members or the entire club or group.

               6.2.3   Suspension of Club or Group’s membership to the ECPC.

               6.2.4   Termination of Club or Group’s membership to the ECPC.

7.    TERMINATION OF MEMBERSHIP:

       7.1   The termination of a Club, or Associated Group’s membership to the ECPC may be decided at any official ECPC meeting chaired by the

                Chairman or Vice Chairman and decided by a two thirds majority of members present.

       7.2    The ECPC furthermore reserves the option to terminate any Club’s, or Associated Group’s membership if found guilty of any of the

       following;

               *    Criminal act.

               *    Bring biking into disrepute.

               *    Fraud or theft of any asset of the ECPC including of financial nature.

               *    Gross misconduct.

               *    Any act of racism

               *    Not attend three (3) consecutive ECPC meetings and to be decided by the committee.

       7.2    When a club is not represented at an ECPC meeting for 3 consecutive meetings then the club in question will be regarded as

                Out of Compliance (OC).

       7.3    Membership will be maintained even if OC provided annual membership fees are up to date.

       7.4    Club in question will forfeit voting rights until back In Compliance. (IC)

       7.5    Attendance of 3 consecutive meetings by club in question will place the club back in compliance.

       7.6    Should a club be OC and have not paid their ECPC annual fees within the allocated time frame set out by the committee i.e. 3rd PC

               meeting of the year. This will be an automatic termination of membership.

       7.7    Any Club president not in a position to attend the scheduled meeting must convey their apologies to the council chairman or

                secretary and nominate a stand-in well in advance.

       7.8    Absence from a meeting without an apology or stand-in will be regarded as disrespectful to the council.

8.    DISPUTE ARBITRATION:

       8.1    Dispute between members;

               *   If a dispute arises between ECPC members, the committee will approach all the parties and ask them to resolve the issue on their

                    own.

               *   If this cannot be done the ECPC SGT at Arms will call the parties together and make a decision on the matter. Upon the

                  SGT at Arms recommendation the committee will make a decision. This will be final and the parties must abide by the decision.

       8.2    Dispute between a member and non-member;

                *   If a member approaches the council with a dispute with a non ECPC member (individual or club) the ECPC SGT at Arms will call

                    the parties together and find a resolution to the problem.

                *   It must be kept in mind that the council has no jurisdiction over a non-member. Disputes between clubs or individuals can

                    escalate into out of hand friction so all efforts must be made to resolve such an issue.

                *   If a non ECPC member (individual, club) approaches the council with a complaint/dispute with an ECPC member the ECPC

                    SGT at Arms will call the parties together to resolve the problem.

                *   The committee will make a decision upon the recommendation from the ECPC SGT at Arms and the decision will be final.

9.   COMMITTEE STRUCTURE OF THE ECPC:

       *    Chairman

       *    Vice Chairman 

       *    Secretary                           

       *    SGT @ Arms                     

       *    Treasurer                          

       *    PRO                                     

10.  MEETINGS OF THE ECPC:

        10.1   Once a month on the last Monday of each Month.  Committee Meetings each Tuesday prior to the scheduled meeting or as

                   requested by the Chairman.

         10.2   In the event of an Ex-Com member resigning, a special meeting will be called by the Chairman to appoint a replacement. 

         10.3   Structure of the AGENDA:

                  WELCOME

                  DEVOTION

                  ATTENDANCE REGISTER

                  APPOLOGIES

                  ACCEPTANCE OF PREVIOUS MINUTES

                  REPORTS:

                            FINANCIAL

                            TASK TEAM

                  POINTS OF DISCUSSION / MATTERS ARISING

                  PAST EVENTS

                  UPCOMMING EVENTS

                  GENERAL

                  NEXT MEETING

11.   AGM AND ELECTION OF ECPC COMMITTEE:

        11.1   Each club shall only have one vote and shall submit their vote by ballot.

        11.2   The nomination with the most votes shall be appointed to that position for the year.

12.   TERM OF OFFICE OF ECPC COMMITTEE:

         There is no limit to the term for holding office. 

13.   AMENDMENTS TO CONSTITUTION:

        13.1   The ECPC Constitution can only be amended with permission by members, requested on the annual AGM.

        13.2   The Constitution can only be overruled with a majority (quorum) vote by members of the ECPC present.

14.   RULES OF ORDER OF THE ECPC:

        14.1   All meetings must be attended by at least one member and a maximum of two members of each Club or Group that are members of

                  the ECPC.

        14.2   Any other guests including visitors from other Centre’s on invitation only and with pre approval from the ECPC Chairman.

        14.3   The members of the ECPC shall pursue all complaints, disputes or claims in accordance with the terms and conditions of the above

                  said rules of procedures and agree to be bound by the decision thereof.

        14.4   No disrespect to either of the Chairman or members of the Committee will be tolerated at any time.

15.   TASK TEAM:

        15.1   Aim and vision of the Task Team;

                  To act as an advisory body and educator regarding the establishment of new clubs to promote one standard based on integrity,

                  passion, unity, respect and equality amongst all bikers and biker clubs within the Eastern Cape Biking Community.

        15.2   Function of the Task Team;

                  *   National guidelines and protocols are based on traditional biking as it has developed through the years.  They aim to re-establish

                       respect and honor amongst bikers within the biking community as followed for years.

                  *   The ECPC Task Team to manage the implementation of these protocols by guiding, educating and support prospective new clubs.

        15.3   Mandate of the Task Team;

                  The Task Team will operate as an independent body under the auspice of the ECPC to regulate, educate and screen new club

                  applications and will be the only body empowered to deal with new applications for clubs.

        15.4   Operational Guide;

                  The SGT of the Committee, will:

                  *    Select Task Team members;

                  *    Take charge of all operations;

                  *    Hosting monthly meetings with the Task Team members;

                  *    Forward minutes thereof to the Secretary of the ECPC;

                  *    Compile a report to present at each ECPC Monthly Meeting.

        15.5   Duties of the Task Team;

                  *   The Task Team will deal with all matters pertaining to the establishment of new clubs as regarding Club Name, Patch Design,

                       Slogans, etc. and will ensure that new clubs follow the protocols and guidelines as prescribed and accepted.

                  *   The Task Team will monitor process for new clubs from the application for registration up to the fulfilment of the pre-requisite

                       probation period before such a club will be properly be recognized.  The Task Team has the full authority to impose the

                       necessary sanctions on those clubs who refuse to follow protocol.

                  *   It is also their duty to ensure and guide Clubs to register on the (SANBCA) National Biker Association Web Site to secure

                      National recognition and approval.

16.   DISSOLUTION:

         16.1   Before the ECPC can be dissolved 100% of the current, paid up membership will have to be in agreement

         16.2   Should the ECPC have to disband, all ECPC assets will be auctioned with ECPC members having first option. The total amount raised

                   from the auction will be deposited into the ECPC bank account.

         16.3   The total amount will be divided on a pro rata basis according to the number of years and months of each club belonging to the

                   ECPC.

         16.4   A club’s attendance record will be used calculate a percentage to claim a share of the ECPC’s assets. Persons who have not

                   completed a full calendar year as a member will not be illegible to be paid out on this basis.

         16.5   The pro rata basis works as follows:

                   *   The total amount of months accumulated by each club since the date the club joined the ECPC will be added together with the

                        total amount of months accumulated by all other clubs.

                   *   This total amount of months will be divided into the total amounts of funds received from the assets sold and any monies in the

                        bank account.

         16.6   *   The figure arrived at in Rands (after dividing the total number of months served by all members into the total amount of money

                       in the bank account) will then be multiplied by the number of months served by each individual club thereby calculating his share

                       of the ECPC assets.

                    *   Clubs who have any fees/money outstanding for the ECPC account will have this amount deducted from his share of the assets.

                    *   Clubs who have not served a full calendar year and who owe money to the ECPC will be required to pay the account in full

                         within 3 weeks.

                    *   The committee will be responsible for the monitoring of the above disbursement of ECPC assets.

                    *   Each member will be paid out in cash, a receipt for the amount paid and an explanatory letter of how each members share was

                         calculated will be given to every member who qualifies for a share