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Any access to ABATE of NY, Inc. finances shall be frozen or rescinded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 |