I. The Preamble
IV. Mission Statement, Purpose and Scope
VI. Organizational Structure and Governance
VIII. Organization Call Sign and Equipment
IX. Amending and ratifying the Bylaws
XII. Sample Reporting Agendas
Article I –
These Bylaws of the Southwest Missouri Amateur Radio Organization (SMARC ) define the role, responsibilities, and membership of said organization, whose members are the successors to the individuals, led by the organization governing board, designated as “the body corporate by the name of the Southwest Missouri Amateur Radio Organization” in the legislation by which the Commonwealth of Missouri established said organization in 1947. These Bylaws also define the respective roles and responsibilities of the several committees of the Corporation, provide for the appointment of officers, and authorize other acts and functions to promote the responsible and efficient governance and operation of said organization.
Article II –
Section 1: Common terms used in the body of this document
A. "regularly scheduled meeting" – any regularly scheduled monthly meeting of the organization body and board. Dates and locations may change while still being considered a "regularly scheduled meeting" if proper notification or changes have been given in good effort to the organization body.
Section 2: General legal terms
A. Shall – Meaning a status of assertion that something must be done, including obligation.
B. May – Meaning a
status of something that can be done, at description, of the items it applies
to in context.
Article III –
Section 1: The name of this organization shall be the "Southwest Missouri Amateur Radio Organization". This organization shall have the right to shorten its name to the acronym "SMARC" for any and all legal uses without prior consent of the body. This includes, but is not limited to:
A. Any and all publications, formats and medias,
B. References from outside sources,
C. DBA (doing business as) uses,
D. Other sections contained within the constitution and bylaws of the organization,
E. And any other
uses the board sees fit that represents the spirit for the best interest of the
organization and its body.
Article IV –
Mission Statement, Purpose and Scope
Section 1: The Mission statement to be used for press or general publication shall be:
A. “The Southwest
Missouri Amateur Radio Organization will dedicate its resources to providing its
members with knowledge and experience in the hobby of Amateur Radio. It will
provide, to the best of its ability, events and opportunities for those
members, new and old alike, that grow and expand the knowledge of all who
participate. The organization will provide training and other resources to
equip its members with the ability to use this great hobby for entertainment,
emergency communication and other activities deemed acceptable and useful by
the FCC rule guide. It will, in its due course of events, also make every
opportunity to enrich and enlighten those in the public with information about
all aspects of this great hobby and, as needed, assist the public by means of
emergency communications during times of disaster or to prevent such disasters
Section 2: The direction, purpose and scope of the mission statement will be to:
A. To hold meetings and gatherings of its members in order to;
i. Have fun,
ii. Exchange valuable knowledge and information,
iii. Discuss mutual issues in the hobby and organization,
iv. Present lectures and presentations related to the amateur radio hobby,
v. and to promote good fellowship and understanding among its members.
B. To provide a cadre of radio operators together with necessary equipment to be used anytime, day or night, for emergency communication services, if needed.
C. To educate and inform the general public of the usefulness, availability, and purpose of amateur radio operations in all facets including entertainment, emergency service and other uses.
D. To hold a publicly accessible Field Day to exercise and demonstrate the ability of Amateur Radio communication services during times of emergency or disaster.
E. To join and work
with other Amateur Radio operators and organizations in carrying out the above
Article V –
Section 1: Membership in SMARC is available to all who are eligible according to the following criteria without regard to race, creed, color, gender, sexual orientation, national origin or disability of the applicant:
A. If you are a licensed amateur radio operator, you must be in good standing with the FCC
B. If you are not a licensed amateur radio operator, you must be able to meet the same qualifications required to obtain a license with the FCC, minus completed test elements.
C. Although members
are not subject to a background check, if the board becomes aware of conduct
which might compromise the organization’s image, such membership can be denied
Section 2: All who wish to join SMARC may become a member by following the basic membership application process outlined below:
A. Applicants must first pay the current organization dues either on the organization’s website or in person to a board member via cash or check. We reserve the right to refuse personal checks for any reason. We also reserve the right to ask for a government issues photo ID for verification of provided personal check.
B. If dues are paid online, you will receive an email asking you to fill out your basic information for membership, including login call sign and password. This will create your account with us automatically. This information is required to be completed to be considered a current member of the body of this organization. See section 4 of this article for more information.
i. If you do not yet have a call sign, your username can be substituted for the first letter of your first name followed by your entire last name. This will be set as all one, lowercase word.
C. If dues are paid in person by cash or check, your information will then be entered into the website manually and you will have an account created for you. You will then receive an email that the account was setup. This account is required to be considered a current member of the organization.
i. If you decline basic information required for your account setup (the official record of the organization membership body) you will not be considered a current member of body of the organization.
a. You may request that the email address entered is one that is non-responding or that of a non-responding email address of the organization.
1) By entered an email address that is not yours, you waive any rights associated with the access to your online account and the rights set forth in the constitution and its bylaws pertaining to access that the online account is required for.
2) You may, at any
time, request that your account be updated for the purposes of gaining access
to it. A valid email will be required to
3: SMARC’s official
member record keeping method is via our online website. Any and all members
must agree to have their information stored online. Your provided name, call
sign and email address will be accessible to all current organization members.
Failure to agree to these terms will result in a non-member status and your
membership fee will be refunded to you.
More information about what information we keep in our member records online, what information is public on the website, and what information is private to logged in members of the website, is available at https://smarc.org/privacy-policy/
Section 4: Membership Rights and Regulations
A. A member shall be defined as;
i. A person whose dues are current based on their membership type,
ii. A person who is in good standing with the FCC and/or organization rules and regulations in this section.
B. Each member shall
have one (1) vote.
Section 5: Dues
A. Dues shall be in the amount of $25 per calendar year for persons 18 years of legal age or older.
B. Dues shall be in the amount of $10 per calendar year for persons under the legal age of 18.
C. Dues shall be in the amount of $750 per natural lifetime for persons of any legal age.
i. Lifetime membership dues may be adjusted on an individual basis at the discretion of the board due to the current legal age of the individual paying said dues. No body vote or notification is required.
ii. An approving vote of two-thirds of the board is required to adjust lifetime due amounts.
D. Membership Length
i. Membership starts on the calendar day that dues are paid.
ii. Membership expires 1 year (365 days) after dues were paid for a yearly membership.
iii. Lifetime memberships shall not expire for the sole individual who paid said dues.
E. There is no proration of yearly dues for any reason.
F. Waivers of Dues
i. No currently elected board member may have their dues waived for any reason.
ii. A regular board vote can waive dues for any non-board member of the body of the organization for a maximum of one consecutive year for any reasons the board sees fit as long as follows the spirit for the best interest of the organization.
a. An approving vote of two-thirds of the board is required to waive a member’s dues.
G. Dues are in no
way refundable 30 days after they are paid, even if the perspective member
failed to agree to the online records keeping subprovision.
Section 6: Expulsion
A. Any member who represents the organization in a manner that is inappropriate by FCC part 97 or in a manner which would compromise organization integrity shall be subject to immediate expulsion upon review by the current board described in each provision. These including and are limited to;
i. Any member of the body having their amateur radio license revoked by the FCC, unless;
a. Being administratively revoked due to the following shall be deemed as reason for an official appeal by the member of the body:
1) Being out of the country for too long,
2) Voluntarily giving up license for matters not related to rule violations or misconduct by the FCC.
a) This is often resulting in a cancellation of license, but this provision protects members of the body due to misclassification.
3) There is a pending appeal with the FCC and the organization board, at its discretion, believe that the member may not have been active maliciously or with gross misconduct to the FCC rules and regulations.
a) The board may choose to vote for expulsion due to FCC revocation, but suspend the revocation until a final FCC ruling on the revocation is completed, if appealed by the member of the body being expelled. An approving vote of expulsion must be completed before a suspension can occur. Once completed, the board may make an approving vote of two thirds to suspend the previously passed expulsion as a response to an appeal for this subprovision.
b) The FCC decision, once final, will be the final deciding factor on expulsion without a required board vote. No appeals shall follow unless outlined in subsection C. of this section.
b. The member of the body, if expelled by rule of and FCC revocation shall not be barred from organization events or organization property but shall be barred from operating in any fashion.
c. Sub provision b of provision i of subsection A shall not apply if the member of the body was found to be in violation of any other subsection of Section 6, whether expulsion was implemented due to those factors or not.
d. The board must have an approving vote of two thirds to grant an expulsion of a member of the body due to an FCC license revocation.
e. A board approving vote of two thirds is required to successfully appeal and overturn an expulsion from this provision.
1) The board’s decision on any appeal for this provision are final unless otherwise noted in subsection C of this section.
ii. Gross misconduct in the organization that is not processed by the FCC.
a. A unanimous board vote is required for expulsion for reasons of misconduct not related to an FCC decision.
1) An approving two thirds vote of the body of the organization at any regularly scheduled meeting may allow an expelled member of the body to regain membership for any and all reasons.
a) If the expelled members license was revoked, they may not operate any equipment at any organization event for any reason, even if a current member of the organization by means of a body overturn of a board expulsion.
b) An appeal to the boards decision on expulsion must be made by a current member of the body of the organization with evidence presented to the body as to why they believe the decision is to be overturned.
(1) The burden of proof for such an action is the sole responsibility of the member of the body bringing the action.
b. No appeals can be made to this provision unless otherwise stated in this provision or stated in subsection C of this section.
B. Upon expulsion, all property of the organization must be returned immediately to a Board Member.
i. An expelled member of the body shall be liable for all costs included with recovering any organization property including the full value of replacement costs deemed relevant by the board if equipment is damaged or not returned.
C. Expelled members rights upon board vote of expulsion include;
i. Must be sent notification of their misconduct by certified mail and any documentary evidence must be provided to them, no matter the cause outlined in subsection A. If provided in any part of subsection A, an appeal may be processed by responding to this letter.
ii. May appeal the decision to the current board after 1 calendar year from the official date of expulsion, no matter the expulsion reason unless outlined below.
a. The current board will set up a hearing with at least two-thirds of the board members present.
b. A unanimous decision by these board members may overturn the previous board decision.
c. An appeal will not be heard by the board if;
1) the member’s license is still considered revoked by the FCC and an appeal process to the FCC is final or,
2) the member has not returned any organization equipment issued to them.
d. Such decision to
allow the individual to regain membership of the body of the organization shall
hereby be known as a pardon.
Article VI –
Organizational Structure and Governance
Section 1: The Dully Elected Board of SMARC
A. The governing body of organization shall be the board. The board shall:
i. Be elected from eligible members.
ii. Be responsible for everything a general member is responsible for including dues.
iii. Provide governance to the organization.
iv. Provide financial authority to the organization.
v. Expenditures of $50.00 or less can be approved by a simple majority of a quorum of elected board members.
vi. Expenditures of greater than $50.00 must:
a. New Business involving expenditures greater than $50.00 should be presented in one regularly scheduled meeting and voted upon during a later regularly scheduled meeting.
b. If an expenditure of greater than $50.00 is of an urgent or time sensitive nature, then a vote can be made to temporarily suspend this rule and vote upon new business in the regularly scheduled meeting in which it was introduced.
c. In an emergency, a unanimous vote by email of ALL current board members can allow for such an expenditure.
d. These rules may be subsided by provisions in subsection G of this section.
vii. Provide oversight of equipment and Repeater and Call Sign Trustee.
viii. Lead meetings and conduct business within the framework of these bylaws.
ix. Initiate communications to the communities we serve.
x. Partner with other organizations, agencies and medias.
xi. Plan meeting agendas.
xii. Initiate recruitment and processing of new members.
xiii. Appoint committees, when needed.
xiv. Represent organization interests with outside partners.
xv. Serve without
compensation of money or equipment.
B. Officers and Positions
a. Shall preside at all organization meetings and events.
b. Shall cast the deciding vote in case of a tie of a vote of the body
1) Unless the vote is to decide an appeal of a board revocation of a membership, which should never take place due to two thirds ruling of appeal overturns.
c. Shall delegate authority to other members to act as a spokesperson or representative of the organization as they see fit.
d. Shall ensure organization meetings are conducted within the parameters of constitution and its bylaws.
e. Shall ensure that each meeting has a program or activity.
f. Shall be added as a signatory all organization bank accounts.
g. Shall perform
other duties as identified or needed.
a. Shall assume the title of president if that position is vacated for any reason.
b. Shall act as organization president, with all responsibilities and authority it provides, during the absence of the elected president.
c. Shall be the head of recruitment of new members, including any comities formed for such a purpose.
d. Shall be added as a signatory to all organization bank accounts.
e. Shall coordinate the all organization nets and ensure net control coverage.
Shall perform other duties as assigned by the
a. Shall maintain organization records according to the rules and regulations in section 4 of this article. This is to include, but is not limited to;
1) Official minutes of all organization and board meetings,
2) Attendance sheets of all meetings,
3) Originals or copies of all correspondence related to organization business,
4) A copy of all licenses issued to the organization,
5) Equipment loan records,
6) A list of all organization equipment and its location. This list must include name, address and phone number of the member who is entrusted with said equipment,
7) A copy of current articles of incorporation and bylaws.
b. Shall be the primary responsible part for checking and disseminating postal mail to the proper individuals or officers.
c. Shall protect original documents of the organization and not transfer, assign or give such to any other party, except to transfer to a newly installed secretary. Photocopies may be shared as appropriate.
d. Incoming secretary shall verify transfer of all records with a signed receipt to the outgoing secretary and a copy of this receipt to be maintained in the organization records.
e. May be added as a signatory to all organization bank accounts.
Shall perform other duties as assigned by the
president or vice president.
a. Shall receive and disburse all organization funds as directed by the board or general membership ensuring that there are two authorized signatures on every transaction.
1) A single signature is approved, without prior consent, for matters that have been approved by a board or body vote.
b. Shall be responsible for the retention of copies of each of the following made from organization funds in accordance with the records retention policy in section 4 of this article;
1) All check written,
2) all invoices paid,
3) all authorization paperwork,
4) all contracts,
5) and all other items related to organization income or expenses.
c. Shall maintain a checking account in the name of the organization for deposit and payment of normal disbursements.
1) Treasurer is also responsible for any subsidiary bank accounts approved by the board or body for this organization for other uses.
2) Treasurer is to be the primary account party on all accounts.
d. Shall provide at every meeting an accounting of all organization funds and transactions that have taken place since the last report.
e. Shall collect and deposit member fees, if not paid online.
f. Shall be responsible, or disseminate responsibility, of moving paypal or other electronic funds into the respective bank accounts as needed.
g. Shall perform
other duties as assigned by the president and vice president.
v. Directors at Large
a. There shall always be two director and large positions.
b. Shall help the president coordinate programs and activities that are meaningful and fun at regularly scheduled meetings.
c. Shall be the designated appointees for managing all QSL based information. This includes, but is not limited to;
1) Managing QSL accounts at eQSL, QRZ, LOTW and others.
2) Collecting and responding to all QSL cards send to the organization.
3) Make sure all events have QSL cards printed.
d. Shall perform
other duties as assigned by any board officer.
Although every effort should be made to find a non-Board member to fill these positions, it might be necessary for a current board member to fill one or more appointed positions, as well. All positions listed below are non-voting board positions and should not be included in the closed portion of board meetings.
1) Acts as a representative of the Organization with the FCC for the purposes of maintaining:
a) All organization repeaters,
b) All organization stations,
c) All organization call signs.
2) Coordinates maintenance of organization equipment.
3) Coordinates workdays to build, replace, repair, upgrade equipment as needed.
4) Coordinates the shifting of equipment locations to better serve the organization’s needs.
5) Shall report problems, needed maintenance and remedies given to organization equipment at regularly scheduled meetings.
6) Proposes long term solutions and helps develop a plan of implementation along with a timeline and estimated costs for the plan at regularly scheduled meetings for organization equipment and issues with said equipment.
7) Works with the Secretary to keep equipment inventory and its respective locations up to date.
8) Makes suggestions on the purchase, trade and disposal of organization owned equipment.
9) Contact log controller for all events using the organization call sign.
10) Completes required paperwork for contests and milestone awards.
11) Shall lead a
committee, or appoint a committee chairman, in Field Day organization and
b. Web Master
1) Oversees and maintains organization websites.
2) Ensures information given is as up-to-date and relevant as possible.
3) Works with the Secretary to ensure public and private records are stored online in accordance with section 4 of this article.
website functionality for membership, members only sections, payments, record keeping and other resources are working properly.
c. Net Control Operators (NCO’s) will run the various SMARC nets in accordance with the schedule that the Vice President lays out. NCO’s will operate the nets in accordance to the spirit of the following regulations:
1) Will convey organization news and announcements
2) Encourages new amateurs to join the net as well as attend our monthly meetings.
3) Be fun, polite and courteous.
4) Encourage rag-chew among the participants.
5) Promotes organization
events, programs and contests.
1) Maintains the organizations relationship with the ARRL for all testing matters.
2) Maintains a staff or volunteer examiners.
3) Makes all efforts to successfully hold testing sessions during their regularly schedule time and notifies the president as early as possible in the event that they will not be able to hold a session for any reason.
4) A report from testing at the all regularly scheduled meeting is requested from a representative of the VE group to include:
a) How many testers there were,
b) How many passed their exams,
c) Class of licenses issues,
of any examinees’ that are present at the meeting.
i. Comities shall be formed at the sole discretion of the board for matters requiring a dedicated team of individuals. Examples of such items are, but are not limited to;
a. Field Day,
b. Membership disciplinary actions,
c. Large organization activities,
d. Other items as seen fit by the board.
ii. Comities may include members from the body of the organization but shall be chaired by a member of the board, or its appointees, in all matters.
may utilize club funds to carry out their task.
Comities must follow the same rules as applied to any board members.
D. All board members
i. Shall sign the board acknowledgement of conduct and duties form upon installation.
ii. Shall do everything possible to make for a smooth transition from existing board member to board elect member.
iii. Shall not do anything to compromise the organizations reputation in the communities we serve.
iv. Shall not use their position in the organization for personal gain or profit unless it is also to the benefit of the organization in a fair and public manner to the body of the organization.
v. Ensure financial regulations are strictly enforced.
vi. Two approved signers, who do not reside at the same address, on every disbursement that requires it.
vii. Proper regular or board meeting vote of approval before disbursement is made from organization funds.
viii. All elected board positions must pay their membership fees. They cannot be waived for any reason.
ix. All board members are subject to the same terms and conditions as regular members of the body of the organization.
elected and appointed board members must carry a current FCC Amateur Radio
License in good standing to become or remain as a board member by the date they
are installed into their office.
E. Election and Installation Dates
i. Officer nominations are to be made during the regularly scheduled meeting every November.
ii. Board elected positions will be voted upon at the regularly scheduled meeting in December.
iii. Installation shall be at the first organization meeting in January, but newly elected officer duties shall take effect as of January 1st each year and the previous officer duties shall expire on December 31st at 11:59pm.
iv. Election Procedure
a. Two members not running for office will be chosen from the body of the organization to oversee the election proceeding.
b. Balloting shall be written and anonymous with the exception of mailed in or electronically submitted ballots where confirmation will need to take place.
1) Must be a current member for at least one year with no lapse in membership.
2) Cannot, while holding an elected position, have their membership fee waived.
3) Shall be elected by simple majority of the voting members present.
4) Uncontested positions will be declared elected by acclamation.
d. All votes shall be counted by the election co-chairs who will then inform the members present of the results.
e. Results shall be
made available on the organization website prior to the installation of the new
v. Terms of office
a. President, Vice-President, Secretary and Treasurer shall each serve two years.
1) President and Secretary shall cycle on installation years ending in even digits.
2) Vice President and Treasurer shall cycle on installation years ending in odd digits.
b. The two director at large positions shall serve one year each.
c. No Board member may hold the same position for more than two consecutive full terms.
d. No Board member shall hold more than one elected office at a time.
e. If the President position is vacated for any reason, the Vice President shall serve the remainder of the president’s term.
f. If any position other than the president is vacated for any reason, the president shall select a replacement from the body of the organization who meets the requirements to normally run for office if it was election time.
1) Such appointee’s installation shall be voted on by the body of the organization and requires an approving simple majority of the present members of the body during a regularly scheduled meeting.
2) If the body fails to approve the appointment of the individual selected by the president, the body shall immediately nominate and vote upon a replacement at the same regularly scheduled meeting.
a) An approving vote of the body by a simple majority is needed to elect the body nominated individual. In the event of a tie, the deciding vote will be broken by the president.
(1) No prior announcement of nominees shall be required, and the individual shall be installed into the vacant office to be effective immediately for the remainder of the vacant term.
(2) If there is only
a single nominee that the body votes upon and the individual fails to receive a
simple majority, that original presidents’ appointment shall be installed into
the vacant office to be effective immediately for the remainder of the vacant
vi. Trustee – Position is held at the sufferance of the Board.
a. A non-voting member of the board.
b. Appointed by
unanimous vote of the board.
vii. Ad Hoc Appointments – As needed with variable duration
a. Shall be
appointed with unanimous vote of the Board
F. Board member requirements
i. Board member attendance
a. Board members shall attend all meetings and activities as often as possible.
1) Any board member missing 3 consecutive regularly scheduled meetings shall leave the position deemed as abandoned without a prior leave of absence approved by two thirds of the board before the 3rd consecutively missed meeting.
a) The body of the organization can vote to reelect the officer missing more than 3 consecutive meetings if no leave of absence was granted by an approving vote of two thirds of the body during a regularly schedule meeting following the 3rd absence.
(1) This provision is good for a single meeting. The absent officer must be at the next meeting or they shall be ineligible for reinstatement until the next organization elections.
b) There is no limit on how many times a leave of absence can be granted until which time that the board declares an official state of emergency due to the absence of such members.
(1) In the event of a state of emergency, the board can present an official request for dismissal of that officer to the body of the organization. Proper removal guidelines must then be followed under subsection G of this article.
b. Appointed members are only required to be present when their area of expertise is needed as a part of the board meeting agenda. A provision will be made for absences that are excused by a unanimous vote of the elected board.
ii. Board meetings
a. A board meeting, no matter how brief, must be held on a monthly basis at the regularly scheduled club meeting.
1) Not all board members are required to attend every board meeting but they must adhere to the absentee requirements in subprovision a above.
2) Votes, if required, can be done remotely by board members via electronic form (phone, text, etc). Their vote will be documented by the acting secretary.
3) In the event of a cancellation of a regularly scheduled meeting due to safety concerns or issues with the meeting place, board meetings can also be skipped and resume during the next regularly scheduled meeting.
b. One yearly board retreat shall be held each year to go over the yearly business.
1) Though no
specifics are required for this retreat, it is recommended to be done at the
beginning of January to plan for the year ahead and to acclimate new board
members to their new positions and responsibilities before the first meeting
following an election.
G. State of emergency
i. A club state of emergency may be issued for the following reasons:
a. One or more board members have been absent an abnormally high amount of time (with or without a leave of absence) and it has started to impact the organization financially or negatively impacting the organizations responsibilities to its members or other obligations.
b. A major disaster has happened to club equipment or its meeting place causing financial hardship or an unknown state of future meetings.
c. One or more individuals of the body of the organization have acted in a manner that has seriously harmed the image of the organization or has caused serious immediate loss of property or financial resources or has subjected other members of the organization or public to harassment or violence.
1) In the event of this issue, a member of the board may immediately dismiss any member of the body of the organization from a meeting or event, without board or body approval, and place such individuals on a temporary suspension of membership following a review set forth in article V, if such act is believe to be in the best interest of the organization or public safety or image.
d. An accusation has been made by a member of the body or public that the organization is, in some way, biased again a group of individuals based on race, creed, religion, sexual orientation, nationality or disability.
ii. Board duties during a state of emergency
a. Board authority is, in most degrees, not changed during this state. However;
1) Any board member may make purchases without prior consent or multiple signatures if it is in the best interest of the club to help solve a situation that has created a state of emergency or to ease the impact to the body of the organization.
2) Any board member may make changes to regularly scheduled meetings or events, without prior approval or consent of the body, to help alleviate impact to the body of the organization during a state of emergency.
3) For provisions of the constitution, amendments or changes may be proposed and ratified in a single regularly schedule meeting or emergency meeting of the body for the purpose of;
a) Closing loopholes that seriously impact the well being of the organization with a unanimous vote of the present body of the organization,