Organization

The name of this organization is the Black Dragon Enterprises Amateur Radio Club (BDE ARC). It is organized as a non-profit amateur radio club within the meaning of section 501(c)(7) of The Internal Revenue Code of 1986 (26 U.S.C. 501(c)(7)) and section 5 of part 97 of the FCC Regulations supporting The Communications Act of 1934 (47 C.F.R. 97.5(d)(2)). However, no filing before the Internal Revenue Service for non-profit status shall be necessary as long as the organization does not maintain a treasury of its own.

Unless and except as specified in this document, Roberts Rules of Order shall govern the operation of the organization. Upon formation, on 16 February 1996, this organization shall be an unincorporated association. It is noted that the organization has been commenced as a recreational employee activity of a for-profit business, its sponsor, and as such, this sponsoring business may, at its discretion, provide funds to the organization.

Governing Board

The organization shall be governed by a Board of Directors. This Board shall be comprised of the club's FCC callsign trustee, any and all equipment (repeater) trustees, and a sufficient number of elected directors, of equal number or one less, but not less than 3, to maintain an odd count of directorships. Each position on the Board shall have one vote. Should a person hold more than one position, that person shall have that respective number of votes on the Board. A member cannot be elected to more than one position.

The trusteeship positions are not elected positions. Each trustee may select his successor. However, with the acquisition of organization-owned equipment, or should a trusteeship become vacant without a successor named, the Board may appoint any member of the organization to that trusteeship position.

Election Procedure

Once per calendar year, there shall be an election for all elected positions to the Board of Directors. Only members of the organization shall be eligible to vote. Each member shall be able to cast as many votes as there are elected positions to fill. Election to the Board shall occur for the candidate receiving the largest plurality of votes and continue to the next largest plurality until all positions are filled. Should there be a tie vote for any position where there are more candidates than elected positions remaining, the membership will vote again, considering only those candidates and with each member casting a number of votes equal to the number of positions remaining. Should there be an equal or lesser number of candidates seeking election to the Board, they shall be considered elected without an election having taken place. The operational term of office shall be the calendar year.

Membership

Membership in the organization shall be open to all licensed radio amateurs in good standing (fn). For persons seeking membership who are not in good standing, they may become members only if a two-thirds majority of the membership, including a two-thirds majority of the directors, votes to ratify the said applicant's membership petition. The Board of Directors may set the necessary [annual] membership dues, which may not be increased by more than 25% of its current level without consent of two-thirds of the membership. The initial dues amount shall be zero, and dues shall be collected in U.S. dollars.

Equipment and Property

Unless purchased with funds from the organization's treasury, all equipment used by the organization remains the property of the respective trustee. No rights shall affix to the equipment by virture of its use by the organization or its members nor shall the ownership rights of the trustee be diminished. All equipment purchased by the organization itself, from its treasury, remain property of the organization and likewise, no right of ownership attaches to such by the appointed trustee (or his successor).

Ratification

These bylaws are hereby ratified on 16 February 1996, with the inital directors of the organization being:


Suren "TED" Yedalian, KC6YPK, Elected Director,
Bruce Pope, KD6ALI, Elected Director, and
Dieter Stussy, KD6LVW, Elected Director, Callsign Trustee, and Repeater Trustee.

These bylaws have never been amended.