KLOUDbusters High Power Rocketry Organization
Corporation Bylaws
BYLAWS OF K.L.O.U.D.BUSTERS INC.
(updated March 2008, all prior amendments incorporated)
ARTICLE I
LOGO, FISCAL YEAR, AND OFFICE
SECTION I. LOGO.The Logo of this Corporation shall have on it our familiar "Rocket Through the Cloud" design and the words K.L.O.U.D.BUSTERS INC.
SECTION II. FISCAL YEAR. The fiscal year of this Corporation shall be from May 1 through April 30.
SECTION III. OFFICE. The principle office and mailing address shall be: P.O. Box. 77217, Wichita, Ks. 67277-1217
ARTICLE II
MEMBERSHIP
SECTION I. MEMBERSHIP CLASSIFICATION.There shall be two (2) main classes of membership, Natural person membership, and Organization membership.
(A) NATURAL PERSON SUBCLASSES
(1) SENIOR NATURAL PERSON MEMBERSHIP. Any person, Eighteen years of age or older, who can in a responsible manner, fulfill the duties and services asked of him or her from the Corporation.
(2) JUNIOR NATURAL PERSON MEMBERSHIP. Any person, under Eighteen years of age, who can in a responsible manner, fulfill the duties and services asked of him or her from the Corporation.
(3) FAMILY MEMBERSHIP. A family membership shall consist of one (1) Senior Member, and/or spouse, and any minor children.
(4) HONORARY MEMBERSHIP. Any person of any age may be elected by the Corporation in recognition of service To the Corporation, or achievement and/or service in the field of advanced, non-professional rocketry. No more than one (1) person shall be elected each calendar year.
(B) ORGANIZATION MEMBERSHIP SUBCLASSES. Any club or organization that agrees to abide by K.L.O.U.D.BUSTERS, Inc. bylaws, and regulations.
SECTION II. DUES. Dues are payable annually in advance, on member's anniversary date, in amounts determined by the Board of Directors. Failure to pay dues shall result in the members removal from the membership list of the Corporation, and any official positions held, after a 30-day grace period from the time the dues are to be paid. Former members wishing to regain membership into the Corporation may do so upon payment of renewal dues.
SECTION III. DISCIPLINARY ACTION, SUSPENSION, AND REMOVAL. Members may be suspended or removed from the Corporation for just cause by the Board of Directors. Just cause includes, but is not limited to, Violation and Prosecution of activities which prove to be illegal and unsafe, or detrimental and injurious to the Corporation's name or its members. All disciplinary action not involved by Federal, State, or Municipal statutes, laws, ordinances, or the like, shall be determined by the Corporation Board of Directors.
ARTICLE III
MEMBERSHIP MEETINGS AND QUORUM
SECTION I. REGULAR MEETINGS. A regular meeting of the Corporation shall be held on a regular basis of at least one (1) meeting every quarter. Notice of a regular meeting shall be given to ALL MEMBERS regardless of distance, to inform them of topics to be discussed or of matters that need to be brought to their attention. Proxies will ONLY be acceptable if the Members Residence exceeds fifty (50) miles of the location of the meeting; or due to circumstances beyond their control. Phone calls received from distant members pertaining to voting may direct their calls to any member of the Corporation.
SECTION II. SPECIAL MEETINGS. Upon request of at least one quarter (1/4) of the active members, special meetings may be held if deemed necessary to the operations of the Corporation. Notice by phone, or mail, shall be given at least seven (7) days prior to the special meeting to all members involved.
SECTION III. QUORUM. A quorum for all membership meetings shall be the lower of either ten (10) persons, or twenty-five per-cent (25%) of members Active in the Corporation.
SECTION IV. VOTING. Members are entitled to vote in person, phone, or by mail. Elections will be held at the end of each fiscal year for the election of; members of the Board of Directors. There will be no limit on the amount of terms run by any one particular person.
SECTION V. CONDUCT AND PROCEDURES. Meetings will be run as smooth as possible with Robert's Rules of Order as a guideline.
ARTICLE IV
MEMBERS' DUTIES AND OBLIGATIONS
SECTION I. DUTIES. Members will attend all meetings possible by their distance and be as active as possible in the activities of the Corporation. Each member will conduct him or herself in a mature and professional manner outside of the Corporation where matters of the Corporation are prevailing or matters on which we as a Corporation are involved with.SECTION II. OTHER DUTIES. Members will involve themselves as much as possible in the preparation, management, policing, and clean-up of Corporation activities. Members are expected to develop procedures which will aid the Corporation and it's activities, and to deliver positive in-put at all times with regards to the Corporation.
ARTICLE V
BOARD OF DIRECTORS
SECTION I. The official and monetary matters of the Corporation shall be managed by a Board of Directors, (minimum of 6 but expandable as needed to a maximum of 9), all of who are senior members of the Corporation.
SECTION II. TERM OF OFFICE. The term of Board members shall be two (2) years. President, Treasurer, and Member(s) at Large shall be elected in the even number years. Vice-President, Secretary, and Member(s) at Large elected in odd number years. If any enlargement of the Board of Directors is needed Members at Large may be added alternately starting with the even numbered years.
SECTION III. MANNER OF ELECTION.The President, or his appointed committee, shall forward to all voting members of the Corporation a "mail-in-ballot" along with nominees for the appropriate seats on the Board, no less than sixty (60) days prior to the end of each fiscal year. A majority of the returned ballots shall constitute official election of a nominee.
SECTION IV. VACANCIES. A vacancy or needed increase of the directorship may be filled by a majority vote of the remaining directors at any regular or special meeting of the Board of Directors.
SECTION V. QUORUM. A majority of the number of directors shall constitute a quorum for the transaction of business by the Board of Directors.
SECTION VI. MEETINGS. One annual meeting of the Board of Directors shall be held at the annual Christmas/New Years party of the Corporation. The Board of Directors may conduct such other special meetings as are deemed necessary and appropriate by the Board of Directors, and the President shall have authority to call such meetings. All meetings shall be open to all members.
SECTION VII. COMPENSATION. The Directors shall serve without compensation, other than expenses approved for reimbursement by a majority vote of the Board of Directors.
SECTION VIII. RESIGNATION. Any Director may resign his office at any time, such resignation to be made in writing and to take effect immediately without acceptance.
SECTION IX. DUTIES. The Board of Directors shall manage the affairs of the Corporation, including determining membership fees and membership eligibility. The Board of Directors shall develop, adopt, and implement all rules and regulations regarding membership activities as they pertain to Corporation events.
SECTION X. COMMITTEES. The Board of Directors shall, as it deems necessary, appoint such committees as may assist the Board of Directors in accomplishing its purposes.
(A) COMMITTEE OF TRUSTEES. The Board of Directors shall appoint a minimum of two (2) and a maximum of four (4) Trustees of the Corporation. The Trustees shall be Senior Members in good standing and at least twenty-one (21) years of age. The Trustees shall represent the Corporation as Responsible Persons when applying for the Low-Explosives User Permit (LEUP) license from the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives on behalf of the Corporation. The Trustees may serve as other officers of the Corporation and may not be a prohibited person as defined by U.S. Explosives Law 18 U.S.C. § 842(i). One Principal Trustee will be named to oversee all record keeping and restricted materials storage.
SECTION XI. REMOVAL FROM OFFICE
(A) REMOVAL BY DIRECTORS. Any Director who misses three (3) regularly scheduled meetings in a row (without just cause) shall be automatically removed. The Board of Directors shall elect a replacement for the remainder of the term.
(B) REMOVAL BY MEMBERS. Under ARTICLE III, SECTION II; a special meeting will be called for the purpose of removal or retention of said Director(s).
ARTICLE VI
ACCOUNTS
SECTION I. REVENUE. All revenue from Corporation activities, membership dues, contributions, and donations will be forwarded into the Corporation Account.
SECTION II. EXPENSES. All expenses, except the Day to Day operations, that incur on behalf of the Corporation; will not be reimbursed without the authorization and approval of the Board of Directors.
SECTION III. PROCEEDS. All surplus revenue gained from activities, membership dues, contributions, and donations shall remain intact until the decision of a majority vote of the Board of Directors determines any disbursement to be made.
SECTION IV. FINANCIAL REPORTS. The Treasurer shall provide the membership with a breakdown of both revenue and expenses at each regular scheduled meeting of the Corporation.
ARTICLE VII
OFFICERS
SECTION I. PRESIDENT. The President shall be any Senior member, over the age of 21, who wins the vote of the majority of the Corporation according to ARTICLE V, SECTION II. Duties will be as what deems fit to operate the Corporation in a smooth and orderly manner. The resident shall represent the Corporation in all dealings with outside organizations or agencies unless an appointment by the President is made to another member of the Corporation.
SECTION II. VICE-PRESIDENT. The vice-president shall be any member who wins the vote of the majority of the Corporation according to ARTICLE V, SECTION II. The vice-president's duties will be to assist the President with any dealings called upon by the Corporation or any outside organization or agency. The vice-president shall act as President in the absence of that officer unless otherwise appointed by the President.
SECTION III. SECRETARY. The Secretary shall be any member who wins the vote of the majority of the Corporation According to ARTICLE V, SECTION II. The Secretary shall keep informal minutes of meetings, compile records, conduct correspondence when necessary, and perform other duties as directed by the Corporation. The Secretary (or his designate) will be responsible for maintaining records of probationary, active, and suspended members of the Corporation. The Secretary (or his designate) shall receive applications for membership and resignations and be aware of all activities involving the Corporation. The Secretary shall make available to each member, Copies of these Bylaws and amendments thereto, operating rules, and other matters as directed by his or her Officers of the Corporation.
SECTION IV. TREASURER. The Treasurer shall be any member who wins the vote of the majority of the Corporation according to ARTICLE V, SECTION II. The Treasurer shall receive and disburse all moneys and maintain a Corporation Bank Account. The treasurer shall make available to each member, copies of Financial Reports, amendments thereto, operating expenses, and other matters as directed by his or her Officers of the Corporation.
SECTION V. MEMBER AT LARGE. A Member at Large shall be any member who wins the vote of the majority of the Corporation according to ARTICLE V, SECTION II. The Member at Large shall represent the Membership in all the Board of Directors activities.
ARTICLE XIII
FEDERAL LOW EXPLOSIVES USERS PERMIT (LEUP)
SECTION I. FEDERAL LOW EXPLOSIVES USERS PERMIT. The Corporation intends to maintain a Federal Low Explosives Users Permit (LEUP) to facilitate the Corporation members’ ordering and use of regulated materials.
SECTION II. TRUSTEES / RESPONSIBLE PERSONS. The Corporation Trustees will be named as the Responsible Persons on the LEUP application and are subject to any required investigation by the BATFE to satisfy the LEUP application, and all associated record keeping as defined in 27 CFR § 555.125. The Trustees / Responsible Persons will be responsible for LEUP Application and Renewal. In the event the Corporation Trustees / Responsible Persons change, the permit must be updated accordingly. The Trustees / Responsible Persons are considered licensed persons.
SECTION III. AUTHORIZED PERSONS. Authorized persons are those Corporation members eligible to possess regulated materials under the Corporation LEUP. All Senior Natural Person Members and Honorary Members of the Corporation that do not fail the federal definition of a prohibited person as defined by U.S. Explosives Law 18 U.S.C. § 842(i) are eligible members. To complete eligibility as an Authorized Person, those members must provide to the Trustees the following:
1) KloudBusters Due Diligence Questionnaire based upon the BATFE Employee Possessor Prohibited Person Questionnaire, form ATF 5400.28; and 2) either a) a photocopy of member's Driver's License and Voter Registration card OR b) a photocopy of the member's valid U.S. Passport. The Trustees / Responsible Persons shall maintain a list of Authorized Persons and make the list available to motor dealers upon request. Authorized Persons are considered non-licensed persons.
SECTION IV. REGULATED MATERIALS. The Trustees, within the licensing privilege of the Corporation LEUP, shall obtain, track, and transport on behalf of Authorized Persons for use the following regulated materials: Commercially available rocket motors, black powder, igniters, and electric matches (squibs).
SECTION V. ORDER AND USE. Authorized Persons may order regulated materials from vendors for delivery directly to the Corporation magazine. Regulated materials ordered by non-licensed persons shall only be transferred to the club magazine, or to a Trustee / Responsible Person listed on the Corporation's LEUP. Regulated materials may be used by Authorized Persons at organized Corporation launches only under the supervision and control of the Trustees / Responsible Persons of the Corporation, provided that the member wishing to use a motor is not a prohibited person. Regulated materials acquired by Authorized Persons become the property of the Corporation.
SECTION VI. INVENTORY AND RECORD KEEPING. The Corporation, through its Responsible Persons, shall keep a current inventory of all regulated materials purchased and used per 27 CFR § 555.125.
SECTION VII. CORPORATION STORAGE MAGAZINE. The Corporation will establish one or more permanent approved Storage Magazines, which are typically Type 4 Magazine as defined in 27 CFR § 555.201-224, entitled "Subpart K -- Storage".
SECTION VIII. MOTOR STORAGE. The Corporation's intent is for the Corporation's LEUP to facilitate the members to be able to pursue the hobby of High-Power Rocketry under the current federal laws and to enable the on-site acquisition of regulated materials to satisfy the needs of the members under those laws. The Corporation does not intend for members to stock-pile, hoard, or otherwise accumulate regulated materials for their personal use and store them in the Corporation magazine.
SECTION IX. DISPOSITION OF UNUSED MATERIALS. In the event that regulated materials are acquired but are not used during a launch, the Corporation advises members that the regulated materials remain the property of the Corporation and in these situations, the regulated materials must be returned to the Trustees / Responsible Persons prior to leaving the launch site for proper storage in the Corporation's magazine and the member must make every effort to use these regulated materials at the next available opportunity.
SECTION X. PROHIBITED PERSONS. The Trustees / Responsible Persons shall make every effort to prevent prohibited persons under the definition in 18 U.S.C. § 842(i) from obtaining or gaining access to regulated materials. Any member who knowingly provides deceptive or inaccurate information representing themselves as an eligible person, or who distributes regulated materials to a prohibited person will have his/her membership revoked.
ARTICLE IX
DISSOLUTION
Dissolution of the Corporation shall take place in accordance with the provisions of the Kansas statutes under which the corporation is organized and the Articles of Incorporation, and Federal Statute 501(c)(3).
ARTICLE X
AMENDMENTS
These Bylaws may be altered, amended, repealed, or added to only by an affirmative vote of a majority of the attending members of the Corporation at any given meeting. A proposal to amend the Bylaws shall be made at regular or special meetings and voted upon by the attending members. These votes can be verbal or written if necessary and will take effect immediately upon the outcome of the vote. In case of a severe flaw in these Bylaws or of situations beyond the Corporations control where members will be adversely affected, all members will be notified immediately and their vote on said situation will stand as noted.
ARTICLE XI
The Corporation shall adhere to the rules and regulations of FAR 101.
AMENDMENT I.
Ratified October 26, 2000
ARTICLE V
BOARD OF DIRECTORS
SECTION I. (change the following words)
(From) Board of Directors, (minimum of 6 but expandable as needed to a maximum of 9.)
(To) Board of Directors, (minimum of 7 but expandable as needed to a maximum of 9.)
SECTION II. TERM OF OFFICE. (add the following paragraph)
The term of Prefect shall be one (1) year, with an election held each year in time for securing the Certificate of Waiver for the next calendar year.
ARTICLE VII
OFFICERS
( Add the following section.)
SECTION VI. PREFECT. The Prefect shall be any Senior member, over the age of 21, a member in good standing of Tripoli Rocketry Association, who holds a level 2 certification, and who wins the vote of the majority of the Corporation according to ARTICLE V, SECTION II. Duties will be, holder of the Launch site Certificate of Waiver, and represent the Corporation in all dealings with the Federal Aviation Administration, and Tripoli Rocketry Association, Inc. unless an appointment by the Prefect is made to another member of the Corporation.
AMENDMENT II.
Ratified February 21, 2004
ARTICLE V
BOARD OF DIRECTORS
SECTION II. (change the following words)
(From) President, Secretary, and Member(s) at Large shall be elected in the even number years. Vice-President, Treasurer, and Member(s) at Large elected in odd number years.
(To)President, Treasurer, and Member(s) at Large shall be elected in the even number years. Vice-President, Secretary, and Member(s) at Large elected in odd number years.
AMENDMENT III.
Ratified March 29, 2009
ARTICLE V
BOARD OF DIRECTORS
SECTION X. Added the new sub-section (A) COMMITTEE OF TRUSTEES to form the committee of responsible persons for obtaining the BATFE LEUP.
ARTICLE VIII
FEDERAL LOW EXPLOSIVES USERS PERMIT (LEUP)
New section inserted to cover provisions for the corporation to obtain and maintain a BATFE LEUP permit.
As a result of inserting the new ARTICLE VIII, all subsequent ARTICLES are renumbered with no other changes:
ARTICLE VIII DISSOLUTION becomes ARTICLE IX DISSOLUTION
ARTICLE IX AMENDMENTS becomes ARTICLE X AMENDMENTS
ARTICLE X (untitled) becomes ARTICLE XI.
Last updated in April 2008.