BYLAWS
of
Orchard Mesa Gun Club
These bylaws when approved, shall supersede all previous bylaws, and shall be the document of record.
Adopted January 20, 1998. Revised March 18, 2002, March 21, 2006, January 18, 2011 and July 17, 2012.
Article One: Name
The name of this organization shall be Orchard Mesa Gun Club, sometimes referred to as OMGC.
Article Two: Purpose / Object
The purpose of this organization shall be to promote organized rifle, handgun and shotgun shooting among citizens of the United States of America, most specifically the Mesa County, Colorado community. The object of OMGC is to promote recreation, enhanced firearms knowledge, safe handling, proper care and improved marksmanship. These will be accomplished by providing to the membership and to the community (to the extent as allowed by these bylaws) a rifle and pistol range, supervised matches in firearms, related competition, and education to the membership and the public concerning the safe use of firearms for sport, competition and personal protection.
Article Three: Membership
There shall be seven types of memberships. These memberships cannot be inherited and do not entitle members to monetary settlements in the event of the sale of any club assets. All memberships, except associate and junior, are contingent upon membership in the National Rifle Association (N.R.A.).
Any citizen of the United States of America not prohibited from owning or using firearms may become a member of this organization upon the completion of an application, signing an affidavit stating that one has read and understands the range and pistol pit rules, payment of appropriate fees, and signing of the membership card. One must be willing to, but may, or may not be required to state a pledge of allegiance to the Orchard Mesa Gun Club at a regular meeting. Orchard Mesa Gun Club shall accept members at any time. Membership in OMGC shall be available without regard to color, creed, race, religious affiliation, national origin, sexual preference, or gender.
Members are responsible for keeping the club Secretary apprised of address changes and N.R.A. membership expiration dates. N.R.A. membership must equal or exceed OMGC membership.
Types of memberships:
Honorary: Honorary membership is awarded for outstanding service to OMGC or community. The membership term can be from one year to life and may be revoked by action of the Board of Directors. Honorary membership is awarded to an individual by a vote of the club membership, is non-dues paying, and affords the same rights and responsibilities as a regular member.
Life: Life membership is awarded to an individual by executive action after that individual has met specific criteria. Criteria such as (but not limited to); age, longevity of OMGC membership, and service to OMGC. Additional criteria must be determined by a vote of the membership at a general meeting. Life membership is non-dues paying and is afforded the same rights and responsibilities as a regular member. NRA Life Membership shall be the minimum requirement to qualify for this category of OMGC Life Membership.
Senior : Senior membership is awarded to an individual by executive action after that individual has met specific criteria. Criteria such as age, longevity of OMGC membership, and service to OMGC are requirements for this category of OMGC membership. Additional criteria must be determined by a vote of the membership at a general meeting. Senior membership is a dues paying membership at the rate of one-half of the current full annual regular membership fee. Annual NRA membership is required as a minimum criteria and this annual NRA membership shall be renewed and maintained through the OMGC Secretary. This category of membership affords the same rights and responsibilities as a regular member.
Regular: Regular membership is applied for and is dues paying. (The amount of dues is established by a vote of the membership at a regular meeting) Regular membership is renewable annually. Regular members can vote and may hold office when the criteria in article six is met. Regular membership is afforded all the rights and responsibilities set forth in the bylaws, polices and Motions adopted by as regular member.
Junior: Junior membership is a limited to those individuals under the age of nineteen (19) who are participating in the OMGC Junior Club shooting organization and is only active while engaged in shooting activities under the immediate direction of the OMGC Junior Club Instructor. An annual membership is applied for through the OMGC Junior Club Instructor and requires a nominal fee . The fee will be determined by a vote of the membership in a general meeting. Members will be issued membership cards as proof of membership. This category of membership is non-voting, and non-office holding.
Annual Associate: Annual Associate membership is applied for and is dues paying. An annual associate must be a member of a household (i.e., son/daughter, spouse) and must be living under the same roof as a regular, honorary, or life member. Annual Associate membership is non-voting, non-office holding and must be accompanied by a regular, honorary or life member to use the range facility, except in the event of a match. Annual Associate members are afforded the rights under Article eight, B, C, D and E.
Short-term Associate: Short-term associate membership is event driven and awarded to participants of matches after entry fees are collected. The term of the membership is from the time fee payment is made (not to exceed 24 hours prior to the event) through the last day of the event. Short-term associate is non-voting, & non-office holding. Short-term membership can be terminated at anytime during a match or event, upon the recommendation of the range officer in charge at the time, or when any violation of specific or other safety rules occurs. Also any form of cheating will result in termination of Short-term Associate membership, and may be extended throughout the calendar year.
In the case of Families: Members of a family under the age of 19 using the range facilities must be accompanied by and be in immediate and near presence of a guardian, parent or mentor who is an honorary, life or regular club member. Members of a family over the age of 18 must become regular members meeting all the requirements thereof.
Article Four: Dues
The amount of annual dues and initiation fee will be set by a vote of the membership during a singular general meeting. The club officers, after an annual budget review, will suggest or recommend appropriate increases, decreases, or continuation of the annual dues for the coming year, whereupon the membership will vote on acceptance of the recommendation.
Membership dues will be paid on an annual basis and may be prorated to accommodate a calendar year only during the first year of membership and only one time. No part of dues will be considered refundable for any reason.
Dues must be paid on a timely basis. A person not paying dues will be removed from the active membership list and placed on an inactive list. After one year on the inactive list a new initiation fee will be charged. Dues will not be prorated because of late dues payment. No person in arrears shall be eligible to vote or enjoy any of the privileges or benefits offered by OMGC.
Article Five: Meetings
The officers and members of the club shall meet monthly, on the third Tuesday of each month. The President or his appointee shall secure a meeting place.
A special meeting may be called by the President or officer in charge in order to conduct urgent business.
The general membership may call for a Special meeting by presenting a letter to the Secretary stating the purpose of the meeting. This letter must be signed by not less than twenty (20) members entitled to vote. The Secretary shall at his/her discretion validate any or all of the signatures by checking against the membership list and by calling signatories.
All membership and board meetings are open to the membership. Associate members and non-members may not vote and may be asked to leave the room when the question is called and a vote is taken.
The writings of Henry M. Roberts (Roberts Rules of Order, Revised) generally apply to all questions of procedure and parliamentary law not otherwise specified in these bylaws.
A quorum is ten (10) percent of the members entitled to vote.
Article Six: Officers and Duties of Officers
Qualification: Any person nominated to hold office in OMGC must have been a member in good standing for at least the last three (3) preceding years and must be reasonably active in OMGC.
The officers of OMGC shall be: President, Vice President, Secretary, and Treasurer. The duties of the Secretary and Treasurer may be combined.
Term: The term of office is one year (but not limited to one year). Not more than two officers will be elected in any single year. The Vice President will assume the duties of President if the President does not accept another term. The President will, should the need arise, appoint a member in good standing to fill the balance of any retiring officer’s term.
The officers will be elected by a majority vote of the members in good standing at the annual meeting held in December. Normal term of office is January through December.
Duties
President: The President shall preside at all meetings of the club. The President shall have full power and authority to appoint members to committees and is an ex-officio of all regular and special committees, and shall perform such other duties as usually pertain to the office or as directed by the Board of Directors. The president approves all communications of a general nature sent out in the name of OMGC.
Vice President: The Vice President shall perform the duties of the President in his absence or as directed by the President. The Vice President shall be member of all special committees.
Secretary: The Secretary shall keep an accurate record of the proceedings of the OMGC and the Board of Directors; shall collect and record all amendments and bylaws and standing rules of OMGC, shall be responsible for conducting all correspondence as pertains to the activities and operation of the club, shall maintain and have custody of the club records and books (except the treasurer’s records and books). The Secretary shall process all applications for membership. and shall keep a record of all members that attend regular and special meetings.
Treasurer: The Treasurer shall have charge of all funds of OMGC, depositing same in financial institutions, and managing the funds in the best interest of OMGC. The Treasurer shall pay debts and receive payments and will keep an accurate and permanent record of all transactions. The Treasurer shall collect all dues and fees. The treasurer will prepare and deliver a summary (report) at all scheduled meetings, with a detailed report to be delivered at membership meetings. The Treasurer will have access to and control over OMGC Moneys and sub-accounts maintained by club sponsored shooting disciplines.
Article Seven: Board of Directors
The Board of Directors shall be comprised of the current officers plus two past Presidents and one Member at Large who shall be selected by the Board of Directors.
The Board of Directors shall oversee the operation of all club business and any foundations established to benefit OMGC or its members and shall also be responsible to oversee acquisition of new or liquidation of any club property and or assets.
Chairman of the Board: The Chairman of the Board shall preside over all board meetings, shall have the authority to call board meetings and special board meetings. The Chairman of the Board shall be selected by the Board of Directors and shall be one of the past Presidents of OMGC.
Article Eight: Suspension or Expulsion
A.) The President of OMGC can be removed from office by an executive order of the Board of Directors of OMGC.
B.) Any officer may be removed by a two-thirds (b) vote of the jury (composed of remaining unaffected officers and at least 3 additional members) at the special meeting called for that purpose. The highest ranking unaffected club officer will in charge and perform the following tasks:
1. Set a time and place for a special meeting.
2. Select at random at least three members to act together with the unaffected officers as a jury to hear charges.
3. Inform the officer in question, in writing, at least fifteen days prior to the special meeting. Also inform the officer in question of the charges against him/her.
4. The officer in charge shall conduct the meeting allowing the accused and the accuser to present their evidence and witnesses. At such special meeting the officer shall be given a fair and impartial hearing prior to the vote. It will require a two-thirds (b) majority of the jury to recommend expulsion to the membership. A vote at a regular or special meeting requiring a two- thirds (b) majority of the members present to then expel the officer in question.
C.) Any member may be removed from the club by a two-thirds (b) vote of the jury composed of the officers and at least 3 additional members. The Secretary will perform the following tasks:
1. Set a time and place for jury meeting.
2. Select at random at least three members to act together with the officers as a jury to hear charges.
3. Inform the member in question, in writing, at least fifteen days prior to the jury meeting. Also inform the member in question of the charges against him/her.
4. The President shall conduct the meeting allowing the accused and the accuser to present their evidence and witnesses. At such special meeting the member shall be given a fair and impartial hearing prior to the vote. It will require a two-thirds (b) majority of the jury to expel the member.
D.) Charges against any officer or member may be proffered by any member in good standing. The charges shall be written, clearly stating the facts, and shall be accompanied by any affidavits or exhibits to be used to support the charges. Such charges shall be filed with the Secretary, who will immediately notify the President and the Board of Directors. The President will call a meeting of the jury. The Secretary shall send written notice at least fifteen days in advance to notify the accused and the accuser of the time and place for the hearing. The secretary shall also furnish true copies of the charges and the supporting materials to the jurors, officers accused and accuser along with the notification of the hearing.
E.) Any member expelled by the jury has the right of appeal to the full club membership. Such appeal shall be in writing to the Secretary who will immediately notify the President. The President shall place on the agenda of the next membership meeting time to hear the results of the special meeting. There must be at least fifteen days before that regularly scheduled meeting. The affected member may wave the fifteen day exclusion if so desired, in which case the appeal will be heard at the next meeting. The President shall have the charges read and present the supporting evidence, along with the minutes of the meeting where the appealed decision was made. The accused will be given an opportunity to present his defense. A two-thirds (b) vote of the members in good standing present is required to reverse the previous decision.
Article Nine: Match Rules
All firearm and archery competition held by the club will be governed by commonly accepted safety rules, regulations established by the N.R.A., or the nationally accepted rules governing the competition being held, along with OMGC rules of operation.
Article Ten: Amendments
Proposed amendments to these bylaws may be introduced by any member in good standing at any regular or special meeting called for that purpose. Not less than forty-five (45) days after the proposed amendment was accepted by a majority vote, a regular or special meeting will be held for ratification of the proposed amendment. For the proposed amendment to be ratified and become part of the bylaws a quorum must be present at the meeting and a two-thirds (b) vote is required for ratification.
Article Eleven: Audit Procedures
Annual Audit of Financial Records and Assets.
At the regular scheduled November meeting of the OMGC of each year, two individuals shall be elected by the members present to serve as the audit committee. One member of the committee shall be a board member or an elected officer, that is not the treasurer or that has signing authority of the checking account(s). The other member shall be any OMGC member in good standing. These two individuals shall select one additional OMGC member in good standing, that is not a board member or elected officer to serve on the audit committee.
The committee shall audit the financial records of the OMGC and provide a written report of the audit at the regular scheduled January meeting of the OMGC of each year. The audit report shall be an addendum to the minutes of the January meeting.
The committee shall complete an inventory of the assets of the OMGC Junior Club and any other individual OMGC assets that have a value of $200.00 or more. The committee shall provide the inventoried list of assets to be included as an addendum to the minutes of the January meeting.
In the event, the committee discovers any irregularities during the audit that may require that the committee to seek an outside review of the financial records, the committee shall present the written audit report and the recommendation of the outside audit with written cost estimates to perform the outside audit, at the regular scheduled January meeting. The membership present at that meeting shall determine if the outside audit is justified and if so, the approval of the necessary expenditure of OMGC funds to have the outside audit completed. The outside audit shall be completed within sixty (60) days of the approval of expenditure and provide a written report of the findings of the audit. The completed outside written audit report shall be presented by the audit committee, at the next regularly scheduled OMGC meeting and be an addendum to the minutes of that meeting.
Article Twelve: Liability
OMGC recognizes the inherent liabilities when members, guests and other individuals engaged in shooting activities on either the 32 Road range and/or the Colorado Department of Wildlife Hunter Education range. Membership in the OMGC affords coverage in the General Liability Insurance provided by portion of individual dues of each member. This coverage is provided participants while engaged in the proper authorized activities and with a clear understanding that both general and specific safety rules and regulations are adopted, posted and enforced (see Article Eight) by the OMGC Officers, directors and membership at large. Failure to adhere to the safety rules and regulations is not the responsibility of the OMGC but of all individual participants. The OMGC is not and can not be responsible for any actions that individuals engage in , that do not adhere to the safety rules and regulations, or commit actions that endanger other individuals and/or property, while on one of the two facilities listed above. The OMGC will take any and all appropriate action for enforcement of membership removal and will not support members who fail to adhere to OMGC safety rules and regulations. OMGC can not support any civil legal action resulting in the individual actions that do not comply with the safety rules and regulations as adopted by the OMGC organization.
Any officer or director of the OMGC can suspend membership and all privileges granted as defined in Article Three of The Bylaws of Orchard Mesa Gun Club. The suspension shall be based on failure to adhere to posted safety rules and regulations and/or committing actions that endanger other individuals and/or property. Members suspended while on the range, will be asked to leave the range and not return to the range for any reason, until the suspension is reviewed .
In the event the suspended member refuses to leave the range, the officer or director shall call the appropriate law enforcement agency and have the member removed from the range for trespass.
All officers and board of directors shall be immediately notified of the suspension and the secretary shall send a letter , within three days, to the member confirming the suspension, revoked range access and the review process as defined in Article Eight of Bylaws. Final determination of membership, shooting privileges, range access and membership fees shall be documented in the minutes, as part of the review process.
Article Thirteen: Dissolution
.
The Board of Directors of the Orchard Mesa Gun Club (“OMGC” or “Club”) hereby approves this Article 13 , which shall become an amendment to the Bylaws of the OMGC.
1. The OMGC may be dissolved upon action of the Members or the Directors, subject to the provisions of this Article Thirteen. Dissolution may be approved: a) in the event that the Members are no longer willing to continue with the operation of the Club; b) if the Club’s purpose can no longer be lawfully or efficiently carried out; or c) upon such other reasons committed to the discretion of the Directors or Members, as applicable.
2. If the OMGC has no Members, the Directors may elect to dissolve the Club upon the affirmative vote of a majority of the Directors at a meeting where a quorum is present. At any meeting where dissolution is to be an action the OMGC shall provide reasonable advance notice to all Members, either orally or in writing, indicating that dissolution is an item for consideration.
3. If the OMGC has Members, the Directors shall first approve a proposal for dissolution which shall be submitted to the Members for consideration. The Members may elect to accept the proposal for dissolution, amend the proposal for dissolution, or reject the proposal. Any such action shall be effective upon a majority vote of the Members at a meeting where a quorum is present. All Directors shall be entitled to vote as Members of the OMGC with respect to any proposal related to dissolution unless disqualified by reason of a conflict of interest.
4. Upon approval of dissolution the Directors shall proceed to carry out any terms or conditions specifically approved by them or the Members, as applicable , and to: a) pay all legitimate debts of the OMGC; b) terminate or cancel any remaining obligations; c) file articles of dissolution with the Colorado Secretary of State; d) distributing any real or personal property of the Club to such persons or entities as are authorized by this Article 13; and e) perform such other acts as are necessary to terminate the affairs of the Club.
5. In any dissolution the OMGC shall distribute its assets to some other charitable, philanthropic, non-profit, or government entity willing to accept same. In deciding to whom the assets will be transferred, the Directors and Members shall give preference to entities which will operate or maintain the former OMGC assets as a shooting sports facility open to the public. In the event that the OMGC is unable to secure another entity which will accept its assets, distribution shall be as determined by the District Court, Mesa County, Colorado.