BYLAWS

 of

BEPA POLITICAL ACTION COMMITTEE,
a subordinate organization of

BIG EASY PEDICAB ASSOCIATION

(adopted 2013-11-21, amended 2014-05-29)

 

ARTICLE I: NAME, MISSION, AND PURPOSES

 

Section 1.01.  Name.     The name of the organization is BEPA POLITICAL ACTION COMMITTEE

 

Section 1.02. Mission.     The Organization’s mission is to influence or attempt to influence legislation of the City of New Orleans and the selection, nomination, election, or appointment of any individual to local public office or office in other political organizations of New Orleans when such legislation or individual may directly or indirectly affect the Pedicab Industry of New Orleans.

Section 1.03. Purpose.     The Organization is a political organization organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for the exempt function of our mission (Article I, Section 1.02).

Section 1.04. Undefined.     reserved

Section 1.05. Exempt Purposes Regulatory Compatibility.     The Organization may not “expressly advocate” for specific candidates or coordinate with any candidate’s campaign, but the Organization may be used to raise money to spend on issue advocacy and voter mobilization. While the Organization may not give money directly to campaigns or coordinate their activity with campaigns, they may seek to persuade the voting public as an independent expenditure group.

Section 1.06. Dissolution.     Upon dissolution of the Organization, after paying or adequately providing for the debts and obligations of the Organization, the remaining assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.

Section 1.07. Earnings.     No part of the net earnings of the Organization shall inure to the benefit of, or be distributable to, any of its members, trustees, officers or other private persons, except that the Organization shall be authorized to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the exempt purposes.

Section 1.08. Equality Statement.     Big Easy Pedicab Association does not discriminate on the basis of race, religion, creed, color, sex (including pregnancy and gender identity), national origin, ancestry, age, disability, physical handicap, mental handicap, medical condition, family medical history, genetic information, sexual orientation, parental status, marital status, political affiliation, military service, veteran status, or any other non-merit based factors.

ARTICLE II: BOARD OF TRUSTEES

Section 2.01. Selection.     Trustees shall first become and simultaneously serve as trustees of BIG EASY PEDICAB ASSOCIATION.

ARTICLE III: AUTHORITY AND DUTIES OF TRUSTEES

 

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

 

ARTICLE IV: AUTHORITY AND DUTIES OF OFFICERS

 

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

 

ARTICLE V: INDEMNIFICATION

 

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

 

ARTICLE VI: ADVISORY BOARDS AND COMMITTEES

 

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

ARTICLE VII: MEMBERS

 

Section 7.01. Classes.  The class of membership is “PAC Member”. New classes of membership are currently undefined and shall be established by the Board of Trustees.

 

Section 7.02. Qualifications.  Qualification for PAC Member is defined as any persons having a common interest in “[influencing or attempting to influence] legislation of the City of New Orleans and the selection, nomination, election, or appointment of any individual to local public office or office in other political organizations of New Orleans when such legislation or individual may directly or indirectly affect the Pedicab Industry of New Orleans.” (Article I, Section 1.02)

 

Section 7.03. Resignation.  Resignations of membership are effective upon receipt by the Secretary of the Board of Trustees of a written notification. Resignations may also be submitted with a given date of resignation.

 

Section 7.04.  Removal.  A member may be removed by majority vote of all members whenever in the members’ judgment the best interests of the Organization will be served thereby. Any such removal shall be without prejudice to the contract rights, if any, of the person so removed. If at such time a fair procedure is needed to provide a review committee, hearing, debate, and vote, the Board of Trustees shall create such a procedure.

Section 7.05. Dues.  Dues for PAC Member is $10 for an indefinite term. Membership dues collected will be directed first towards Administrative Expenses and then the remaining “available funds” shall be directed towards Issue-Specific Expenses of the organization. Additional or unique contributions (i.e., funds collected not as “membership dues”), shall be deemed “available funds” directed first towards Issue-Specific Expenses. Changes to dues for existing classes of membership shall be made by the Board of Trustees. The establishment of dues for future classes of membership shall be established by the Board of Trustees. Dues, in whole or any potentially applicable pro rata thereof, are non-refundable. Membership support, both in the form of dues and involvement in the organization's activities, must be at a meaningful level.

Section 7.06.  Meetings.  The annual membership meeting is currently undefined and shall be established by the Board of Trustees. PAC Members shall meet a minimum of once (1) per month online or in-person to discuss distribution of “available funds” raised and/or the coordination of advocacy activities.

Section 7.07.  Benefits.  The benefits of PAC Member consist of the right to propose, debate on, and vote on whether, how, when, how much, and to whom “available funds” (see Article VII, Section 7.05) are distributed and/or how, when, and for whom or what issues advocacy activities are organized. Qualifying votes consist of “Yes”, “No”, or “Abstain”. PAC Members may also choose to include a Contribution Thermometer on their profile that uniquely raises funds for a local advocacy group or PAC of their choice. Distributions from the PAC-Member-Sponsored fund to the local advocacy group or PAC, however, are limited to increments of $100 or 5% per year, whichever comes first. More active and ambitious members, with the approval of the Board of Trustees, may apply for an ongoing grant that supports the advocacy-related project of the member. In this situation, the PAC Member is expected to draft a formal and detailed application identifying the intended budget and measured social impact as well as a social impact report detailing the success of the project’s completion or ongoing status. (amended 2014-05-29) The PAC Member may also solicit funds from the general public by accepting cash, check (made payable to "BEPA Political Action Committee"), or even credit card contributions through BEPA PAC's PayAnywhere account. Local advocacy groups and PACs qualify based on the submission of Federal ID number documentation from the IRS and are verified online. It is the responsibility of the PAC Member to solicit such information from the advocacy group or PAC. PAC Member benefits may be suspended or revoked at any time by the Board of Trustees.  (amended 2014-02-04)

Section 7.08.  Member Responsibilities.  PAC Members are expected to make proposals, to participate fairly in debate, and to vote ethically. With regard to voting ethically, PAC Members who may benefit privately from a distribution of “available funds” must (a) disclose the potential conflict of interest to PAC Members before or during debate and (b) cast a vote of nothing but “Abstain” during the voting period. Whether via membership sales or other contributions, each PAC Member is required to solicit contributions in excess of $10 per year from the general public (in addition to the member’s own membership dues, see Article VII, Section 7.05). If making a proposal for an advocacy activity, the proposing PAC Member is required to lead or spearhead the activity if PAC Members vote to approve the activity. Although not required, PAC Members are expected to make a good faith effort to participate in all advocacy activities that win a vote, even if the member voted in opposition to the activity. PAC Member benefits may be suspended or revoked at any time by the Board of Trustees.

 

ARTICLE VIII: FINANCIAL ADMINISTRATION

 

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

ARTICLE IX: BOOKS AND RECORDS

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.

ARTICLE X: AMENDMENT OF BYLAWS

This article shall be governed by the corresponding article set forth in the Bylaws of BIG EASY PEDICAB ASSOCIATION.