Bylaws of the Bicycle Tree
The Bicycle Tree is a member project of Social and Environmental Entrepreneurs, and we are subject to the bylaws of our parent organization. To guide our internal operations, we have drafted the bylaws below.
The Bylaws of the Bicycle Tree
Approved May 23rd, 2016
Article I – Name and Purpose
Section 1 – Name: The name of the organization shall be The Bicycle Tree. The Bicycle Tree is a project of fiscal sponsor Social and Environmental Entrepreneurs.
Section 2 – Purpose: The Bicycle Tree is organized to support bicyclists and create healthy bicycle-friendly communities through advocacy, activities, and education. We help people maintain their own bikes, and offer classes and workshops relating to maintenance and bike safety. We also hold bike rides and bicycle-related events to build the bicycling community. The Bicycle Tree also exists to refurbish and recycle used bikes, and to provide bicycle-related services for low-income individuals.
Article II — Membership
Section 1 – Eligibility: Application for membership to The Bicycle Tree shall be open to anyone aged 13 years or older, regardless of race or ethnicity, gender, sexual orientation, socioeconomic status, or political viewpoints. There are three types of Bicycle Tree membership: provisional membership, non-voting membership, and voting membership. Provisional membership is granted following completion and receipt of the Volunteer Information Form. Persons aged 13-17 must have signed permission from a parent or guardian for membership.
Section 2 – Hours Tracking: The number of hours that a person works or volunteers on behalf of The Bicycle Tree affects their status within the organization, as detailed below. Software may be utilized to track the number of hours that each person works, and/or hours may be attributed to any person at the discretion of the Leadership Committee. Where monthly averages are indicated, the averages are to be calculated by averaging the hours completed during the three complete calendar months prior to the current month.
Section 3 – Provisional Membership, Rights and Responsibilities: All new members must undergo a period of provisional membership. Provisional Members, also known as non-member volunteers, must volunteer 24 hours of their time with The Bicycle Tree within a period of six months or less before they are eligible for non-voting membership. Provisional Members must volunteer 48 hours of their time within a period of four months or less before they are eligible for voting membership.
A Provisional Member:
· Adheres to the Member Code of Conduct.
· May attend member meetings but does not yet have voting rights.
· May participate on committees.
· Included in provisional member emails.
Section 4 – Non-Voting Membership, Rights and Responsibilities: Non-voting Members make substantial contributions to The Bicycle Tree, but they are not permitted to take part in the governance of The Bicycle Tree to the same extent as voting members. However, they are encouraged to share their thoughts and ideas at meetings.
A Non-voting Member has all the rights & responsibilities of a provisional member, as well as the following:
· Spends at least 12 hours per three-month period working on behalf of The Bicycle Tree in approved ways, as set forth in policy.
· Has access to free shop time (equal to time volunteered) when space is available.
· Included in member email list.
Section 5 – Voting Membership, Rights and Responsibilities:
All members aged 16 years or older who have volunteered 48 hours of their time within a period of two to four months are eligible for voting membership. Paid staff who meet the same participation requirements of volunteer Voting Members but are monetarily compensated for their time have the same voting rights as any other Voting Member.
Voting Membership is not automatically granted to members who volunteer the requisite hours. A Non-Voting Member who is eligible to be a Voting Member may choose to remain a Non-Voting Member. Non-Voting Members may become Voting Members only after approval of current Voting Members.
The Bicycle Tree’s Voting Members are known collectively as the “Leadership Committee”.
A Voting Member (who may also be referred to as a “Core Member”) has all the rights and responsibilities of a non-voting member, as well as the following:
· Spends at least 12 hours per month working on behalf of The Bicycle Tree in approved ways, as set forth in policy.
· Must take an active interest in governance.
· Must participate in no less than one half of all regular meetings. Meeting participation is defined as any of the following: attending meetings in person, attending meetings by phone, reviewing and responding to meeting notes via email in a timely manner, or otherwise at the discretion of the Leadership Committee.
· May attend member meetings and cast a vote on voting issues.
· May run and vote for elected positions.
· May purchase items at discounted rates according to the current discount policy.
Section 6 – Membership Disqualification
If a Non-Voting or Voting Member not awarded a leave of absence does not meet the minimum standards outlined above, they will automatically be reclassified in the following ways:
· A Non-Voting Member will be reclassified as a Provisional Member, aka Non-member Volunteer, as long as they continue volunteering on some level.
· Voting Members will be reclassified as Non-Voting Members, so long as they fulfill the requirements of that role.
Section 7 – Requalification
A member or former member who has had their role reclassified may seek to have their membership status reinstated through the following expedited means:
· A former Non-voting Member reclassified as a Provisional Member may regain Non-voting Member classification after volunteering 12 hours within a period not exceeding three months.
· A former Voting Member reclassified as a Non-voting Member may regain voting status after volunteering 24 hours within a period not exceeding two months.
Section 8 – Leave of Absence: Any Member may request a temporary leave of absence for a period of time not exceeding six months. Leaves of absence are granted at the discretion of the Leadership Committee. A leave of absence grants the recipient the right to return at the end of their leave as a member of The Bicycle Tree with the same status that they had at the time of their departure. For example, a Voting Member, if granted a leave of absence, may return and immediately possess full voting rights.
Article III – Codes of Conduct
Section 1 – Non-discrimination: The Bicycle Tree does not and shall not discriminate on the basis of race, color, ethnicity, national origin (ancestry), religion (creed), sex, gender identity, age, disability, marital status, sexual orientation, socioeconomic status, political viewpoints, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and the public.
Section 2 - Member Code of Conduct: All members should act to further The Bicycle Tree’s Mission Statement in accordance with The Bicycle Tree’s philosophy, bylaws, and policies.
In any capacity during which they may be seen as representing the organization, all members should behave respectfully toward others. Such respectfulness should be sensitive to all issues pertaining to Section 1 of this article. Violations of the code of conduct will be dealt with in accordance with the Disciplinary Procedure.
Section 3 – Visitor Code of Conduct: Visitors are defined as any non-member or non-volunteer participating in Bicycle Tree activities or otherwise within spaces occupied by The Bicycle Tree. Members may expect visitors to behave with respect toward others during Bicycle Tree activities within spaces occupied by The Bicycle Tree. Visitors displaying offensiveness, particularly with regard to matters listed in Section 1 of this article, should be asked to cease such behavior. If the visitor continues to display such behavior, a member may ask the visitor to leave.
Section 4 – Intoxication: Visitors who are clearly intoxicated during public events or workshops may not use tools or equipment, and may be asked to leave by a member. Members or volunteers who are clearly intoxicated during public events or workshops may not use tools or equipment and must be asked to leave. The definition of “intoxicated” is subject to the opinion of members present.
Section 5 –Policies: Interpretations of or additions to these Codes of Conduct may be adopted by approval of the Leadership Committee. Such policies should be included in the Volunteer Handbook and a version of them should be posted in a visible location within the shop.
Article IV — Meetings of Members
Section 1 – Regular Meetings: Member meetings are to be held at least once per month, at a time and location decided by voting members. The hours spent attending mission-related Voting Member meetings apply to hours requirements.
Section 2 – Annual Meetings: An annual meeting of the members shall take place in the months of September, October, or November, the specific date, time and location of which will be decided by the voting members. At the annual meeting, the members shall determine the direction and budgeting of The Bicycle Tree for the coming year.
Section 3 – Special Meetings: Special meetings may be called by a quorum of the voting members to discuss pressing issues.
Section 4 – Notice of Meetings: For both regular and special meetings, at least 48 hours’ notice notice must be given to all members by way of the member email list (special provisions can be made for members without email access). An agenda for the meeting must also be distributed at least 48 hours prior to the meeting by way of the member email list. Agenda submissions must be received by the author of the agenda at least 72 hours prior to the meeting.
Section 5 – Quorum: Meetings may proceed with any number of members, but votes may only be decided with a quorum of voting members present. A quorum shall be defined as no less than one half of voting members. If a quorum is not present, a vote may still be initiated, and votes cast, with additional votes to be collected via email, according to the procedures outlined in Article IV, Section 7 below. Even if a quorum is present, a vote regarding any issue may be delayed, for any reason, for as much as seven days from the time it is to have been voted upon if such delay is proposed by any Voting Member and seconded by another.
Section 6 – Voting: The Bicycle Tree shall adopt a consensus-oriented approach to all decision-making. This means that on any voting issue, the decision-making entity should seek a unanimously supported decision. If, after a genuine effort, unanimous support is not achieved, the body can make a decision with an 80% supermajority. Supermajority refers to 80% of those Voting Members present who choose to vote, not 80% of all Voting Members. Any issue may be called to a vote if a vote is initiated by any Voting Member and seconded by another.
Section 7 – Email votes: Email may be used as a means of voting on issues if no Voting Member expresses disapproval regarding its application to the issue at hand. Email voting shall adhere to the following standards:
· The nature of the vote and all necessary information relevant to the issue shall be supplied to all voting members no less than seven days prior to the vote’s scheduled conclusion.
· Each voting member who chooses to vote will cast their vote by sending an email to the member group email list or to the Project Director clearly indicating their preference.
· Yes/No votes will be decided according to the same standards as in-person meetings. The terms of other vote types, such as selecting from multiple options, must be presented clearly when the vote is proposed.
Section 8 – Voting Issues: Voting issues shall be defined as:
· Changes to personnel, including but not limited to the employment, membership status, or inclusion of staff, voting members, and volunteers
· Any changes to the bylaws, mission statement, vision statement, and goals statement.
· Changes to policies (e.g., code of conduct, disciplinary procedure, member discount policy) and substantive changes to the volunteer handbook.
· Approval of the annual budget prepared at the end of the year for the following year
· Approval of grant budgets for grant amounts exceeding $1,000.00 if budget items are not already specifically identified in the annual budget.
· Commitments of time greater than 50 staff- and/or volunteer-hours and/or single items exceeding $500.00 of Bicycle Tree money if not specifically outlined in the annual budget or an approved grant budget. Purchases of multiple items exceeding $500.00 in total shall not require a vote if they comprise reasonable replenishment or expansion of regular inventory. If a Voting Member deems another member’s purchases to be unreasonable, the member may bring it up for discussion at a regular meeting to seek resolution or corrective action.
· Significant alterations to the interior or exterior of the shop, including but not limited to changes to shop layout affecting 25% or more of floor space, significant signage alterations, mural works, and wall color.
· Significant alterations to our logo or website.
· The types, themes, and primary content of special events hosted by The Bicycle Tree.
Article V — Board of Directors
Section 1 – Fiscal Sponsorship: The Bicycle Tree is a member project of Social and Environmental Entrepreneurs (SEE), a nonprofit public charity according to section 501(c)3 of the Internal Revenue Code. The Bicycle Tree is subject to the bylaws and policies of SEE, some of which are communicated here. The Bicycle Tree is legally a part of SEE, and is not a separate nonprofit organization. The Board of Directors of SEE is the legal Board of Directors for The Bicycle Tree. SEE is the ultimate legal possessor of property held by The Bicycle Tree.
All income and expenditures of The Bicycle Tree are to be processed through SEE, which extracts a fee of 6.5% of The Bicycle Tree’s income ($200 annual minimum). The Bicycle Tree must not maintain any separate bank accounts.
Section 2 – Project Director: SEE’s bylaws stipulate that each member project must have a Project Director. If the Project Director is compensated as an employee, the Project Director is registered as an employee of SEE, and is subject to SEE’s employment policies and decisions. The Project Director has certain rights within the SEE organization, such as withdrawing funds from The Bicycle Tree’s account for authorized mission-related expenses. Within The Bicycle Tree, the Project Director has all the rights and responsibilities of the other Voting Members, with voting rights equal to the other Voting Members.
The Project Director position is held until vacated due to death, resignation, termination, or recall. The Project Director may be recalled by an 80% vote of all Voting Members. A new Project Director may be selected following member nomination and approval by 80% of all Voting Members. The Leadership Committee’s choice of Project Director is ultimately subject to the authority of SEE.
Article VI — Committees
Section 1 – Committee Formation: The Leadership Committee may create or approve standing (permanent) and special (temporary) committees as needed. Generally, the goal of committee formation is to allow for members to focus on specialized tasks when it is not necessary or appropriate for all members to be fully engaged in such tasks. Upon formation of a committee the Leadership Committee shall specify committee members and leadership; subsequently, the committee itself will determine its own membership and leadership, subject to review and final authority of the Leadership Committee.
Section 2 – Committee Decision-making: Commitees may reach internal decisions according to The Bicycle Tree’s regular voting procedures and then make recommendations to the Leadership Committee if a final vote is required. The decisions reached within committees are always subject to the review and authority of the Leadership Committee.
Article VII – Disciplinary Procedure
Section 1 – Initiation: Any member or volunteer may be considered for disciplinary action. Typically, a mistake or violation should be shared with one or more core members, who must then take appropriate action. Disciplinary action may include private conversation, group conversation, suspension, expulsion, or any other action deemed appropriate by a member vote.
Section 2 – Private Conversation: Private conversation should precede most instances where disciplinary action is considered. Private conversation should be adequate for minor missteps, including but not limited to: mechanical or educational technique, inappropriate language, intoxication, or inappropriate/offensive dress.
Section 3 – Group Conversation: Group conversation should take place when group input is sought in a disciplinary manner. It should occur in a closed meeting of core members and parties involved. Group conversation should precede most instances where suspension or expulsion are considered. Violations that may require group conversation include but are not limited to complicated events with multiple witnesses.
Section 4 – Suspension and Expulsion: If suspension or expulsion are considered as punitive action, proceedings must take place in a special meeting announced at least seven days prior that is closed to core members and parties involved. The recipient of punitive action should be given opportunity to present their case unless their presence is deemed unsafe or inappropriate by the core members. Following thorough conversation, the case may be dismissed, or the person in question may be suspended or expulsed according to normal voting procedure. Those accused of violations may be automatically suspended until the case has been discussed. Violations that may be subject to suspension or expulsion include but are not limited to: theft, harassment, repeated intoxication, or a verbal or physical altercation. Felonious crimes, such as grand theft or sexual assault, that are alleged to have occurred in spaces occupied by The Bicycle Tree, to anyone associated with The Bicycle Tree, or to Bicycle Tree property, must be reported to the police, and those accused are automatically suspended pending trial.
Section 5 – Policies: Interpretations of or additions to these Disciplinary Procedures may be adopted by approval of the Leadership Committee. Such policies should be included in the Volunteer Handbook.
Article VIII — Amendments
Section 1 — Amendments: These bylaws may be amended according to the following procedure:
Step 1: Notice of intent to propose an amendment to the bylaws must be made no less than four weeks before any alteration to the bylaws can occur. An amendment may be proposed as a general idea to the Leadership Committee at a regular meeting. This is considered to be notice of intent to propose an amendment to the bylaws.
Step 2: Specific amendments to the bylaws, worded exactly as proposed, must then be presented to the Leadership Committee, either in printed form at a meeting or via email. This must occur no less than two weeks before any alteration to the bylaws can occur.
Step 3: Any amendments to the bylaws must be approved by no less than 80% of all voting members.
Certification
These bylaws were approved by no less than 80% of all Voting Members.
