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The Association is organized exclusively for educational purposes within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1954, relating to the game of Chess, it being the purpose of the Association to offer instruction and training in the playing of chess. This instruction and training is to be made available to its members and others who may be interested by means of mailing printed materials conducting chess events, providing forums for discussions or lectures, and by other appropriate means. The only income to be received by the Association will be from dues from members, as provided in the bylaws, donations, sale of promotional items, and fees necessary to cover the costs of conducting any tournament, exhibition, demonstration or other associated activity.
No part of the income of the Association shall inure to the benefit of, or be distributable to, its members, officers or other private persons, except that the Association shall be authorized to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Section I above.
No part of the activities of the Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation. The Association shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Notwithstanding any other provision of these Articles, the Association shall not carry on any activities not permitted to be carried on (a) by an association exempt from Federal Income Tax under Section 501(c) (3) of the Internal Revenue Code of 1954 (or corresponding provision of any future Internal Revenue Law), or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provision of any future Internal Revenue Law).
All persons who deport themselves in a manner consistent with Article II may become members by the payment of the annual dues. Membership in the United States Chess Federation or any other organization is not required for MCA membership.
The obligations of such members are to further the art, study, and practice of chess in Montana.
The rights of those members who are legal residents of the state of Montana are:
(a) To vote for the Officers of the Association.
(b) To initiate and discuss legislation before the Board of Directors and/or membership at the Annual Meeting and during the rest of the year.
(c) To vote upon such legislation as may be ventured by the membership body during the active year.
(d) To vote for the addition of new members (other than Officers) to the Board of Directors.
(e) To run for any office in the Association.
(f) To participate in any Association activity for which they are eligible such as open or closed tournaments, postal and league play, interstate matches, etc.
(g) To receive an MCA membership card and subscription to the official MCA newsletter in a prompt and timely fashion.
The rights of non-resident members are:
(a) To participate in any Association activity for which they are eligible, such as open tournaments, simuls, etc.
(b) To receive an MCA membership card and subscription to the official MCA newsletter in a prompt and timely fashion.
Dues:
(a) Dues shall be determined by the Board of Directors. The Board of Directors may designate other classes of membership and may set differences in dues for individuals in certain categories.
(b) Dues may be paid at any time in a year and the term of membership will run for one (1) full year from the end of the month in which the dues are paid.
(c) Dues paid in will not be refunded to any member who terminates his or her membership or whose membership is revoked or suspended.
The governing power of the Montana Chess Association shall be vested in a Board of Directors as hereinafter provided in this constitution.
The Board of Directors shall be comprised of the Officers of the Association and any other members as described in the bylaws.
The term of office of the Board of Directors shall be from the end of the Annual Meeting at which the Directors are elected until their successors are elected. There is no limit so the number of terms a member may serve on the Board of Directors.
(a) It shall be the duty of the Board of Directors to advise and assist the Officers of the Association in the conduct, management and control of the affairs and business of the Association.
(b) The President of the Association shall act as Chairman of the Board of Directors.
(c) It shall be the duty of the Board of Directors to fill all vacancies occurring amongst the Officers of the Association.
(d) It shall be the duty of the Board of Directors to consider, discuss, and vote upon such bylaws as are not inconsistent with the constitution; to consider, discuss, and vote upon such legislation as recommended by the assembly at the Annual Meeting; to consider, discuss and vote upon such legislation as recommended by the Officers of the Association.
(e) It shall be the duty of the Board of Directors to vote by mail on such plans or legislation submitted to them as provided in Paragraph (d) or published in the official newsletter by the Officers of the Association. The official form of such proposals shall be submitted to the Directors by the Chairman of the Board, and such proposals voted upon and returned to the Chairman within 30 days. Such votes are to be mailed to the Chairman of the Board who shall forward the ballots and results to the Secretary/Treasurer for public notice through the medium of the official newsletter.
(f) Except as otherwise provided herein, a majority of votes cast shall decide all questions, and the Chairman shall count only votes received within the time limit. The Chairman shall vote only to break a tie vote.
(g) Any Officer or member of the Board of Directors may be removed from office by a majority vote of the Board of Directors. Any Officer or board member so removed may run again. If a board member is removed from office, the Chairman of the Board shall appoint a replacement within thirty (30) days. If no such replacement is made then the position will remain vacant until the next MCA election.
A new member (other than Officers) may be added to the Board of Directors only by an affirmative vote of at least two-thirds of the qualified members as specified in Article IX, Sections I and II. The new members must be approved by a majority vote of the Officers of the Association.
The President shall:
(a) Preside at the Annual Meeting of members.
(b) Execute the business and promote the general welfare of the Association.
(c) Appoint such committees as may advance Association purposes.
(d) Settle all disputes within his power as provided in the bylaws.
(e) Act as the Chairman of the Board of Directors.
The Executive V.P shall:
(a) Assist the President and carry out assignments received by him.
(b) Act in the capacity of the President during his absence.
(c) Succeed the President in the event of his resignation or death until such vacancy is filled by the choice of the Board of Directors.
The Secretary/Treasurer shall:
(a) Keep minutes of all meetings.
(b) Prepare and serve notices for all meetings.
(c) Keep a current record of all members of the Association.
(d) Keep a record of all correspondence, reports, ballots, etc.
(e) Keep the membership informed of Association progress and activity through the medium of the official newsletter.
(f) Keep a record of all equipment (boards, clocks, sets, etc.) owned by the association and perform a yearly inventory.
(g) Keep a copy on file of all published official newsletters and maintain a general history of the Association.
(h) Determine the eligibility, for voting purposes, of those present at the Annual Meeting.
(i) Notify the USCF of the new State Champion(s), Junior Champions, etc. within thirty (30) days after the achievement of a title by a member.
(j) Notify the USCF of the current delegate(s) and alternate voting members.
(k) Keep a record of all funds collected and disbursed.
(l) Pay such bills vouched by the President, and issue and sign checks for payment of such bills.
(m) Deposit Association funds in a bank approved by the Board of Directors.
(n) Disburse the Association's funds in accordance with the authority granted herein and in the bylaws and as appropriated by the Board of Directors, in the manner prescribed by the Board to safeguard said funds.
(o) Prepare a financial statement for the Annual Meeting.
(p) Perform such other duties as directed by the President.
The Western R.V.P. shall:
(a) Assist the President and carry out assignments received from him.
(b) Act in the capacity of the President during his absence, as second alternate after the Executive Vice-President.
(c) Receive ideas, suggestions and proposals from the members primarily in the western region of Montana and convey them to the President.
The Eastern R.V.P. shall:
(a) Assist the President and carry out assignments received from him.
(b) Act in the capacity of the President during his absence, as third alternate after the Western R.V.P
(c) Receive ideas, suggestions and proposals from the members primarily in the eastern region of Montana and convey them to the President.
There shall be an annual meeting of the members of the Montana Chess Association.
Notice of this meeting and/or special meetings shall be deemed official when posted in the official newsletter of the Association at least fifteen (15) days in advance.
A quorum, except for the purpose of altering or amending this constitution, shall consist of members in person, including lawful proxies.
Each individual member has the right to participate in the discussion of all matters of business, and is entitled to cast one vote on such matters, except that an individual member may cast more than one vote if he holds proxies from absent members.
Members who are unable to attend meetings in person may execute signed proxies in the usual form, as described in the bylaws, designating a particular member to cast the vote on the matter(s) in question.
At each Annual meeting the members of the Association shall elect five (5) members to the positions of Officers as provided in Article VI. If there are no candidates for the positions of Officer(s), these positions shall remain vacant until the Board of Directors can appoint someone to the particular office. The Officers will deport themselves at he Annual meeting in a manner consistent with Roberts Rules of Order.
The official newsletter of the Montana Chess Association shall be the MONTANA CHESS NEWS, which shall be mailed without additional charge to every paid-up member of the Association.
The editor of the MONTANA CHESS NEWS shall be appointed by the Board of Directors.
The Board of Directors shall determine the publication schedule and frequency of the MONTANA CHESS NEWS.
The official newsletter shall notify all members as to:
(a) Any changes made to the MCA Constitution and Bylaws and other items submitted to the Editor by the Board of Directors.
(b) All Association events, tournaments, etc.
(c) Each member's MCA expiration date.
This Constitution may be altered or amended by an affirmative vote of at least two-thirds of the qualified members present at any lawfully called membership meeting, provided that at least one-third of all members qualified to vote, including proxies, are present to constitute a quorum for this purpose.
This Constitution may also be altered or amended by an affirmative vote of at least two-thirds of all votes cast by mail (provided that at least one-third of all qualified members vote), after a proposal to amend or alter has been duly submitted to all members qualified to vote, first, by publication in the official newsletter, then, by mailing by the Secretary/Treasurer of official ballots to all qualified members, postage prepaid, to their last known address. In such official ballots a reasonable time limit must be allowed for their return to the Secretary/Treasurer.
The Association's bylaws may be altered or amended by the Board of Directors, or by the members in the same manner as provided in Sections I and II of this Article, except that a majority vote shall decide.
The Board of Directors shall provide a method for handling elections and voting by mail and determining results that will insure fairness and accuracy. The President of the Association shall, after finding the balloting lawful and the results accurate, proclaim the results official and cause them to be published in the official newsletter.
Upon dissolution of the Association, the Board shall, after paying all the liabilities of the Association, dispose of the assets of the Association exclusively for the purposes of the Association in such manner, or to such organizations operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization under Section 501(c) (3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future Internal Revenue Law), as the Board of Directors shall determine.
Officers: Paul S. Motta, President; William M. Lynch, Secretary/Treasurer; Sherwood Moore, Western Vice President; Leslie J. Brennan, Eastern Vice President; Dennis Petrak, Junior Chess.
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