By-Laws
Northern Penobscot Pullers Association, Inc.
(established 1979)
Article I NAME AND LOCATION
Sec 1. The name of the corporation/organization shall be known as the Northern Penobscot Pullers Association, Inc. (NPPA) The organization is a legal non-profit organization with the State of Maine with a federal tax ID #43740837.
Sec 2. The organization was started in Springfield, Maine but is geographically covering the entire state of Maine. Generally is home based, depending on officer status.
Article II AFFILIATION
This corporation shall be and hereby is 100% affiliated with the Maine State Pullers Association (MSPA). Annual charter club dues are $125.00 which must be paid prior to April 1st of each year.
Article III GENERAL PURPOSE
The purposes of said corporation are to provide for the mutual assistance, enjoyment, entertainment, and improvement of charitable purpose, socially and physically, by sponsoring motorsports events and programs for members; to promote weight transfer by mechanical/propelled means with various classes of trucks, semi’s and tractors of the corporation. Generally to sponsor championship truck pulls at various locations within the State of Maine for the pleasure and recreation of the members of the cooperation; to purchase, lease, or otherwise acquire, hold, own, use, manage, operate, enjoy, improve, and develop assets, both real and personal, and to sell, convey, mortgage, lease or otherwise dispose of the same for the benefit of this corporation; but not, however, to operate at a profit or for the benefit of any member of said corporation; and in general to have and exercise all of the powers granted this non-profit corporation under the statutes of the State of Maine and not to have or exercise any right, power or privilege for any purpose for which corporations are not permitted to be formed under the general laws of Maine as provided in Title 13, Chapter 81, of the Revised Statutes of Maine and acts amendatory thereof or additional thereto; and to do all things necessary, suitable and proper for the accomplishment of any of the foregoing purposes.
Notwithstanding anything here to the contrary, the corporation shall exercise only such powers as may promote the social and recreational welfare of the members as are in furtherance of the exempt purposes of the organizations set forth in section 504(c)(7) or as hereafter may be amended. No part of the activities of the corporation shall include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.
This corporation is not organized for profit, and no part of the net earnings, if any, of the corporation shall inure to the benefit of any private member, individual or officer. In the event of liquidation or dissolution of the corporation, whether voluntary or not, no member shall be entitled to any distribution or division of its remaining property or its proceeds, and the balance of any money and other property received by the corporation from any source, after payment of all debts and obligations of the corporation, shall be used and distributed exclusively for the purposes within those set forth above and within the intent of section 501c of the Internal Revenue Service (IRS) and its regulations as the same now exist or as hereafter amended.
Article IV MEMBERSHIP (SINGLE/FAMILY)
Sec. 1. Membership is open to any persons of good character and upon acceptance; they shall be eligible for active membership in this corporation with privileges thereof.
Sec. 2. Membership shall consist of single/family members.
Single membership cost is $20.00 annually.
Family membership cost is $35.00 annually.
Sec. 3. Family membership is available to all persons who qualify. All members 18 years of age and older are entitled to one vote each. Family members reaching their eighteenth birthday will be required to pay dues to retain their membership.
Sec. 4. All applications for membership will be accepted upon receipt of membership dues, which is done annually. Each membership application must be submitted within first two weeks of pulling season events, for that current year, to fulfill all corporate privileges. Only exception to the rule, corporation membership may be approved later in the fiscal year, if purchase of pulling vehicle occurs during active pulling season. This exception will offer corporate member all membership responsibilities.
Sec. 5. A member may resign from the corporation at any time upon written notice, although membership dues will not be refunded.
Sec. 6. All corporate members shall be responsible for the upkeep, protection and cleanliness of the club property.
Sec. 7. If a corporate member, while representing the club/organization, shall commit a violation of the State of municipal law or regulation, the government of corporation, shall automatically refer said member to the disciplinary committee for investigation.
If a corporate member is found committing willful acts of destruction to property and equipment, trespassing or being obnoxious at corporate meetings, events, and activities; or in public uses alcoholic beverages to the point where he becomes disorderly, obnoxious, violent, or if his actions malign, degrade or could reflect on the integrity of the corporation, upon complaint to corporation government, he shall be removed from corporate membership status.
Sec. 8. All corporate members will receive championship points, power to vote at all said corporate meetings, be placed on all corporate mailing lists and be notified of all corporation meetings, events, fundraisers within.
Sec. 9. At any club function, all children under the age of sixteen (16) shall be under the direct supervision of a parent or guardian. The club takes no liability at club functions.
Sec. 10. If corporate member sells and/or transfers ownership of existing pulling vehicle during the active season, will also transfer up to date points (if applicable) to new said owner only. If prior owner was not corporate member of organization no special benefits will be transferred until corporate dues are paid.
Article V BUSINESS MEMBERSHIP
Sec. 1. Business membership is open to any interested business. They shall be eligible for active membership in this corporation with privileges thereof.
Sec. 2. All applications for business membership will be accepted upon receipt of annual membership dues.
Sec. 3. Business membership dues are $100.00 and payable in November of each year. Each business will be granted one vote at said corporate meetings, not to be used in conjunction with individual corporate members.
Article VI CORPORATION DUES
Sec. 1. The dues for all membership formalities are payable annually, not prior to November each year.
Sec. 2. All membership dues amounts are set; at corporate meetings annually.
Article VII GOVERNMENT
Sec. 1. The government of the corporation shall be vested in the club officers and the board of directors, consisting of at least 4 corporate members chosen by the members of the corporation. At all annual meetings, the members shall elect as many directors as shall be necessary to fill vacancies resulting from expired terms, and each director so elected shall serve for a term of two (2) years. The immediate past president is an honorary board member with voting privileges. The number of board of directors of this corporation shall not be less than 3, at any given time.
Sec. 2. The President, Vice President and Secretary/Treasurer shall be elected by a majority vote of the membership, this will be conducted at the annual meeting in October of each year. The Vice President and Secretary/Treasurer (if eligible) may move up to office of President.
Sec. 3. The President, Vice President and Secretary/Treasurer positions will be elected for a 2 year term to serve for the corporation. There will not be any term limits, may serve for more than two consecutive years.
Sec. 4. The President and Vice President will be on alternate years of election, so as both elected officers positions will not be vacant at the same time during the same year. The Secretary and Treasurer office of corporation will also be on alternate years of one another, if two different individuals are elected to the office. If only one corporate member is elected for both positions, will alternate with Presidential election year.
Sec. 5. All nominations to corporate office positions must be made from active corporation membership group. All elected officers shall take office immediately upon election and hold office for two years or until their successor has been elected.
Sec. 6. Any officer, director or committee corporate member who misses three consecutive or 70% of the scheduled corporate meetings shall be considered for dismissal from their office.
Sec. 7. The Roberts Rules of Order, Revised, shall be used to preside at all meetings and functions of this corporation.
Sec. 8. The directors and officers of the corporation may change, waive, or create any rule and guidelines it deems necessary for safety reasons, at any time, for the best interest of the corporation.
Sec. 9. The Board of Directors positions will be on alternate years, as not all 4 directors positions will be voted at one time. A board chairman will be appointed at teach time of board of directors election.
Article VIII DUTIES OF OFFICERS
Sec. 1. The President shall preside at all meetings, shall appoint such committees and chairman as authorized by the corporation, shall be a member of all committees and shall carry on those other responsibilities assigned to him by the By-Laws and the Board of Directors.
The President shall have the authority to disburse funds under the direction of the Board of Directors, and shall have the power to execute deeds, or documents of title by which corporate property will be conveyed or transferred and to incur debts on behalf of the corporation when authorized by the Board of Directors. The President may negotiate and reach contractable agreements, representing the corporate, as so allows. The President may have voting privileges as all corporate members, may also be made an honorary member of corporation once stepping down from elected office, President must serve at least 5 years in office prior to being awarded an honorary member.
Sec. 2. The Vice President, during the absence of temporary incapacity of the President, shall perform the duties and have the powers of the President.
Sec. 3. The Secretary shall keep all the corporate records, other than financial, including minutes of meetings, roster of corporate members, list of committees and their subsequent members, receive applications for membership, and discharge all of the usual secretarial functions of the office required by the By Laws or by the Board of Directors.
Sec. 4. The Treasurer shall keep the accounts of the corporation and have charge of its funds. He/she shall keep all of the corporate funds in a bank approved by the Board of Directors and in the name of the corporation subject to withdrawal by checks signed in such manner as approved by the Board of Directors. He/she may disburse the funds of the corporation only with the approval of the Board of Directors. A Treasurer’s report shall be prepared for each regular meeting.
Sec. 5. The banking accounts should be in conjunction with a statewide financial institution, for better accessibility for current and future officers of the corporation.
Sec. 6. All officers shall have such other powers and duties as required by the law.
Sec. 7. Committee members and chairman shall be appointed by the President subject to approval of all corporate members.
Sec. 8. Any disbursements in excess of $350.00 must be accompanied by two (2) elected officers signature, prior to withdrawal.
Sec. 9. Any and all officers, directors, and committee members must be aware of their duties and responsibilities, at all times.
Sec. 10. Any officer or board of director who misappropriates authority due to corporate position, will be immediately released from officer and board status. At no time, should any appointed official delay and interrupt the normal activities and functions of the organization.
Sec. 11. If officers or director vacancy takes place during season or out of normal election, an emergency replacement will be appointed, until regular election term reappears to corporate members.
Sec. 12. No board of director to make decisions on their own.
Article IX MEETINGS
Sec. 1. Annual meetings of this corporation shall be held on or about the 2nd-3rd Saturday of October each year, and notice of such meetings shall be mailed to each member at his/her last known address at least seven (7) days prior to the date of said meeting.
Sec. 2. The corporation shall hold an officer/management style meeting to be held in mid-January, prior to Agricultural Fair Convention, location to be determined. Each officer, director, committee member, and special invitations will be notified of said such meeting.
Sec. 3. The corporation shall hold, unless otherwise voted by the membership, pre-season meeting on the 2nd Saturday of April of each year, location to be determined. Each corporate member will be notified of such said meeting.
Sec. 4. Meetings of the Board of Directors and committees shall be held at such time and place as determined, or at the call of the President. 2/3rds of the appropriate directors, offices and members, shall constitute a quorum for the transaction of business. On voting issues, one more than half present to pass the issue being voted on.
Sec. 5. At any said meeting, it may deem necessary to ask corporate members and visitors to leave, to be able to conduct corporate business amongst corporate and committee members and officers only.
Sec. 6. Any meeting may have the possibility of having an executive session above and beyond regular meeting, to determine emergency style situations.
Sec. 7. Any director or committee member may contact officer to add and/or suggest line item on agenda, deadline is seven (7) days prior to such scheduled meeting.
Article X PROPERTY
Sec. 1. Special use of corporate property shall be up to the discretion of the officers and Board of Directors, which is at an event not directly affiliated with the corporation.
Sec. 2. The property of the corporate is described as follows, but not limited to: signage, track equipment, specialty equipment, communication devices, weight measurement system, mechanical and propelled weight transfer sleds, utility trailers, etc.
Article XI ELECTIONS
Sec. 1. Not less than twenty (20) days prior to the annual election, the president shall appoint, with approval, a nominating committee of not less than two (2) members.
Sec. 2. The nominating committee shall, not less than seven (7) days prior to the annual election, notify the officers in writing, of the names of candidates and positions for election.
Sec. 3. No member of the nominating committee shall be eligible for any office by action of the nominating committee.
Sec. 4. Additional names may be placed in nomination at any time from the floor prior to balloting for each office.
Sec. 5. Voting of elected corporate officers at annual meeting shall be done on secret written ballot once by each corporate member, allowing only one voted ballot. Absentee ballots will be accepted by corporate officials as legal votes, if corporate members have properly filled out election ballot, as instructed and received prior to said annual meeting. This should only be entertained during election year, because of geographical location of said members. ALL distance members must be sent ballots for any to be valid. No late entries will be classified as official votes.
Sec. 6. In order to be an officer or member of the Board of Directors of the Northern Penobscot Pullers Association, Inc., a member must have a current membership of the corporation and be reasonably active as an NPPA member.
Sec. 7. All past presidents shall serve as members of the Advisory Board. The immediate past president shall serve as the chairman. The Advisory Board shall have as one of its main responsibilities the task of advising new officers of their duties.
Sec. 8. All elections will be conducted at annual end season meeting, held in late October.
Sec. 9. All vacancies will be voted by majority of corporate members, unless resignation is officially presented during season.
Sec. 10. Absentee ballots will be accepted if sent to all out of area members, and officially signed and returned prior to any such elections.
Sec. 11. Election results shall be read aloud, immediately following election.
Sec. 12. Election will go into effect immediately. All officers must take office, unless verbally decline position at time of election reading.
Sec. 13. No private elections will be liable other than those conducted at corporate meetings with majority of officers, directors and members present.
Article XII COMMITTEES
Sec. 1. The committee is a group of people, whom are corporate members of the organization, officially delegated to perform a specific function, such as investigating, considering, reporting or acting on a specific matter. One corporate member of the committee will be delegated as committee chairperson, who is the party leader and organizer. The committee who is chosen by the President of the corporation will consider all aspects and professional details of the presented proposal. Corporate members may be assigned to more than one committee at any given time, term limits will be made known on an individual committee basis, with all members of such committee being informed.
Sec. 2. Chairpersons shall be responsible to the following committees:
a. Weight Transfer Sled Committee
b. Truck Pull Event Committee
c. Sponsorship Committee
d. Advertising Committee
e. Transport Committee
f. Nominating Committee
g. Membership Committee
h. Disciplinary Committee
i. Motorsports Show Committee
j. Maintenance/Property Committee
k. Rules/Regulations Committee
l. Building/Refreshment/Social Committee
m. Banquet/Awards Committee
Duties of the Committees are:
Sec. 3. The Weight Transfer Sled Committee will be responsible for the complete operation, function & repair of self-propelled transfer sled, as needed. Anything direct or indirectly involved with the week to week operations of such equipment.
Sec. 4. The Truck Pull Event Committee will be responsible to present and negotiate truck pull events with local agricultural fair association, motorsports facilities, and others to successfully sign contracts to fulfill summer truck pull schedule. Shall be held liable for the production of truck pulls and take care of any and all incidentals that are necessary for the outcome of a successful truck pull event.
Sec. 5. The Sponsorship Committee will be totally responsible to successfully solicit and collect sponsorship funds from local and state businesses, to financially offset the cost of the corporations day to day events. A projected goal of $15,000.00 annually would not be too exaggerated, as any extra monies could go towards a Points Championship Fund or future property additions to corporations.
Sec. 6. The Advertising Committee will be held responsible to contact, submit and create articles, posters, flyers and newspaper articles to help continue to advance our sport of pulling through local and statewide publications.
Sec. 7. The Transport Committee will be responsible to gather equipment and operators to successfully deliver corporations pull event equipment to various locations throughout the state to completely conduct a championship truck pull, as necessary. Examples to include, but not limited to weight transfer sled, enclosed utility trailer, weight measurement system.
Sec. 8. The Fundraising Committee is responsible to discuss, design and coordinate fundraising events throughout the year to help the corporation generate extra financial needs to help with corporate needs. Such as but not limited to equipment and property purchases, technology upgrades, week to week operational costs and possible points championship series amongst officers, directors, members and competitors.
Sec. 9. Nominating Committee is designed to discuss and promote the proper corporate delegates to fill vacancies in offices within the corporate. These elections will be held at annual meetings, only.
Sec. 10. The Membership Committee shall promote a full attendance at all corporate meetings and shall personally communicate with members whose attendance is unsatisfactory, especially officers, directors and committee members. The committee shall prepare, encourage and keep up to date membership and a current listing of such membership, which needs to be kept annually from November – November, dues also due at such time. The committee shall further devise ways and means of maintaining an adequate membership of such standards as listed and provided in the By Laws.
Sec. 11. The Disciplinary Committee shall be five (5) in number, they shall have the duty of investigating legitimate complaints against members and making a report to all involved parties and presenting to the corporate officers and board of directors.
Sec. 12. The Motorsports Show Committee will be responsible to gather the proper amount of vehicles to be represented at such shows, to promote the sport of truck pulling. This may also involve the contact of outside vendors to better advance the motorsports show. Normally are represented with two motorsports shows during the year, January-Augusta and May-Presque Isle.
Sec. 13. The Maintenance and Property Committee will be held responsible to maintain and appoint delegation to successfully mechanically and cosmetically maintain any and all equipment and property which belongs to the corporation, this also includes but is not limited to updated maintenance and service records, which should be available at all necessary times of repair.
Sec. 14. Rules and Regulations Committee will be asked to discuss, collect and present any rule changes, additions or removal to the corporate office. The listing will be presented as one to Maine State Pullers Association Board of Directors as rule submissions annually, with a deadline of October of each year.
Sec. 15. The Building/Refreshment/Social Committee shall make all arrangements for a place to hold club meetings, checking facilities, seating arrangements, decorations, etc. Also, shall be responsible for refreshments at regular meetings and the sale of refreshments at all public and private functions of the corporation. The committee shall produce and supervise the productions of all social events.
Sec. 16. The Banquet and Awards Committee will completely organize and conduct annual awards banquet which is held in October of each year, with site to be determined. The committee will delegate and collect door prizes, gifts, special presentation and awards to corporate members as needed. Any special promotions such as videos, music, dancing, will also be the responsibility of said committee.
Article XIII TRANSFER WEIGHT SLED
Sec. 1. Ownership of such corporate property will be solely of the Northern Penobscot Pullers Association, Inc., until sold to upgrade equipment. Absolutely, no individual corporate member or members will own equipment.
Sec. 2. The weight transfer sled division will always appoint their own Treasurer to maintain financial duties, separate than NPPA elected officials, but reports to sled chairman and corporate officers at any time throughout the year.
Sec. 3. The weight transfer sled division will be managed by a multiple member committee with a chairman and treasurer. The committee will be appointed for a three (3) year session, beginning in 2008, unless early resignation from position.
Sec. 4. Any financial decisions necessary to be made must be approved, prior to acceptance, over the dollar limit of $350.00, unless emergency issue to continue pull event.
Sec. 5. Each season the sled committee members and club officers will meet during mid-January, to discuss and approve financial costs for upcoming pull season. Items to be approved by corporate sled members will be cost per event, sled improvements, and rental decisions.
Article XIV CHAMPIONSHIP POINTS SERIES
Sec. 1. As with most sanctioned bodies and events of motorsports, we as well have a points system implemented to our corporate by laws, for our truck pulling competitors throughout the active season.
Sec. 2. Upon completion of each season, points championship recognition, will be mentioned at Annual Awards Banquet, in the late weeks of October.
Sec. 3. Each vehicle receives points for his/her finishing position, due to performance status. The same classes are not always offered at each and/all corporate pulls throughout the active season.
Sec. 4. The points awarded to each competitor, are determined on the number of vehicles entered in each class at designated sites throughout the state.
Sec. 5. Last place truck/competitor will always receive a minimum of two (2) points, and the winner of each division receives one (1) more point than the total amount of competitors in each said class. So in retrospect, you may never receive the same amount of points at any two events.
Sec. 6. Governing rules state that must have three (3) entries, per class to offer such division, if not enough entries: still allowed to run for points only.
Sec. 7. If competitor registers for class to be held at pull event and creates mechanical problem and unable to compete thereafter, may receive one (1) hook point, if registration costs are not withdrawn from division.
Sec. 8. If competitor pre-registers for upcoming class and the pull event is cancelled due to weather conditions, will receive one (1) hook point for each class/division pre-registered in.
Sec. 9. All vehicles disqualified for being illegal by corporate class rules will not receive any points, regardless.
Sec. 10. All points awarded throughout the active pulling season, will be awarded to the registered vehicle only, not the driver, whomever that may be, especially if there are multiple operators.
Sec. 11. Each competitor must pay any and/or all membership dues prior to receive any points during all corporate seasons.
Sec. 12. A vehicle owner may sell the vehicle including the corporate identification number and previously accumulated points. Both individuals (buyer/seller) must have all membership dues paid up to date to be transferred.
Sec. 13. All awards will be presented at annual awards banquet, for points championship series, at the end of each competitive season. All classes will receive the same award throughout all divisions (either trophy or plaque). The number of awards to be presented will be determined by the average amount of entries per event during the season.
Average Entries # Awards Presented
1-2 1 award per class
3-4 2 awards per class
5-7 3 awards per class
8-9 4 awards per class
10 and up 5 awards per class
Sec. 14. At the end of each corporate active pull season, each competitor will be awarded additional points above and beyond, which was determined by performance. Dedication points of two (2) will be awarded for each pull event attended throughout the active season, to be added to previously accumulated points. (Example: a competitor has received 37 points for his division due to performance, attended 9 pulls through the NPPA Season, dedication points will be 9x2=18. As an end result, this competitor will receive a total of 55, for the year.)
Article XV FUNDRAISER ACTIVITIES
Sec. 1. Each year the corporate members will be encouraged to conduct an off-season fundraiser.
Sec. 2. The fundraiser will go towards general fund account, with the exception of all expenses to prepare for such fundraising event.
Sec. 3. No misappropriation of funds will be allowed by any corporate members, directors or officers.
Sec. 4. Fundraising results may be allocated for specific purpose, as long as voted on by majority members at annual pre-season meeting.
Sec. 5. All fundraising events must follow any and/all non-profit, legal, and local laws, rules, and regulations.
Sec. 6. Corporate club members are allowed to purchase and compete in any raffle-style fundraiser, as long as tickets were paid in full.
Sec. 7. Corporate members are totally responsible for any and/all promotions, tickets, and products, as a result of fundraising events. If tickets are to be sold, all tickets must be sold, returned to chairman, or completely paid in full regardless if tickets were sold or not, prior to prize being awarded.
Sec. 8. Prize recipient will be responsible for any sales tax, registration costs, etc. above and beyond fundraising event. NPPA corporate members will no longer be liable.
Article XVI AMENDMENTS
These by laws may be amended, altered or repealed, by a 2/3 vote of corporate membership present at any regular or special meeting, proving that notification was made and posted at least thirty (30) days prior to the date of such meeting.
