August 2004 ABATE of New York By-Laws  Page 12

ARTICLE XV - IMPEACHMENT

A. Grounds for Impeachment of an Officer. Officer has:

1. Violated the ABATE of NY, Inc. State By-Laws.
2. Committed an act(s) that prejudicial to the Aims and Purposes of ABATE of NY, Inc.
3. Intentionally jeopardized the welfare of ABATE of NY, Inc. or its members.
4. Said Officer is no longer bondable, if required.
5. A Conflict of Interest (See Article XV, Section F).

B. Officer Resignation:

1. The State Board may, by a majority vote at a regularly scheduled State Board Meeting, request the State Board Officer’s resignation.
2. The Chapters may, by a majority vote at a regularly scheduled State Chapter Meeting, request the State Board Officer’s resignation.
3. The State Board may, by a majority vote at a regularly scheduled State Board Meeting request a Chapter Officer’s resignation.
4. The Chapter membership may, by a majority vote at a regularly scheduled Chapter Meeting, request a Chapter officer’s resignation.
5. A request for an Officer’s resignation must be in writing. The Officer has thirty (30) days to respond to any/all allegations made against them. Said Officer may request a hearing in front of the appropriate board for review.

C. Refusal of Officer to Resign:

1. The State Board may, by a majority vote, vote to impeach the State Board Officer.
2. The Chapters may, by a majority vote, vote to impeach the State Board Officer.
3. The State Board may, by a majority vote, vote to impeach the Chapter Officer.
4. The Chapter membership may, by a majority vote, vote to impeach the Chapter Officer.
5 Any Officer in the process of impeachment loses all voting rights. Any access to ABATE of NY, Inc. finances shall be frozen or rescinded immediately.
6. Notification of Impeachment must be given in writing. The grounds for the impeachment must be clearly stated, citing the cause(s), date of request for resignation, findings of the appropriate board review, and the date of the vote to impeach said officer.

F. Procedure to resolve a Conflict of Interest:

1. Evidence of conflict presented to the State Board.
2. Statement from Officer(s) involved.
3. Preview of facts by State Board Officers excluding those involved.
4. Determination by the State Board to be brought to the membership at the next regularly scheduled State Meeting.
5. The State Board has the obligation, by law, to protect the integrity of the corporation and may temporarily remove certain access to monies, records, etc. from the parties involved.

ARTICLE XVI - INSIGNIAS

A. The official ABATE patches are the only emblems recognized by ABATE of NY, Inc. as being representative of ABATE of NY, Inc.

B. The official ABATE of NY, Inc. patch is not to be worn or displayed as to appear as “Colors”, worn or displayed as a full size back patch giving this organization a club image.


ARTICLE XVII - PROHIBITION AGAINST SHARING IN CORPORATE EARNINGS

No director, officer, employee, member of any committee, or any other individual or organization shall receive at any time any of the assets, income or profit of the Corporation. However, this prohibition shall not prevent payment to any person of such reasonable compensation for services rendered to or for the Corporation.

ARTICLE XIII - EXEMPT ACTIVITIES

Notwithstanding any other provision of these By-laws, no director, officer, employee, member of any committee, or representative of the Corporation shall take any action or carry on any activity

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