Bylaws Of SMKA

SANTA MARIA KARTING ASSOCIATION, INC

ARTICLE 1. NAME AND OBJECTIVE

SECTION 1. NAME AND ORGANIZATION: The name of this organization is the SANTA MARIA KARTING ASSOCIATION, INC. abbreviated SMKA. It is the incorporated association and shall be subject to provisions of the California nonprofit mutual benefit corporation law which will prevail in situations not covered by these bylaws.

SECTION 2: OBJECTIVE: The primary objective of this Club is to encourage, promote and foster the ownership, operation and racing of karts. The SMKA will join and cooperate with the local, regional, and national karting organizations in the scheduling, sanctioning and conduct of karting events beyond the Club level.

SECTION 3: NONPROFIT ORGANIZATION: The association is organized exclusively for public benefit and training to members and not members within the meaning of Section 501(c)(4) of the Internal Revenue Code. No substantial part of the activities of this association shall consist of carrying of propaganda, or otherwise attempting to influence legislation, and the association shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. The property of this association is irrevocably dedicated to educational purposes and no part of the net income or assets of this association shall ever incur to the benefit of any director, officer, or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the association, its assets remaining after payment, or provision for payment, of all debts and liabilities of this association shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for educational purposes, and which has established its tax-exempt status under Section 501(c)(4) of the Internal Revenue Code. Nothing in this section shall be construed so as to prohibit the awarding of trophies or funds as prizes in corporation sponsored events.

ARTICLE II. MEMBERSHIP

SECTION 1. REQUIREMENTS: Any person interested in the aims and objectives of the corporation may become a member by completing and signing a membership application and paying such dues or fees as are currently required.

SECTION 2. TERM OF MEMBERSHIP: All memberships are for the calendar year. Members from the previous year will be extended all membership privileges for the first month of the new year.

SECTION 3. CLASSIFICATION: There shall be three classes of members:

PRIMARY MEMBERS: Those members 18 years of age or older who have signed a membership application and paid full membership dues. Primary members have full General Membership voting privileges.

FAMILY MEMBERS: Those members so listed on a primary member’s membership application, who have also signed the membership application and paid the nominal dues established for their class of members and are immediate relatives of the primary member living in the same household as the primary members. Family members do not have voting privileges and may not hold an Executive Board or Board of Directors positions. Family members may hold a non-voting Affiliate position as deemed necessary by the Board.

LIFETIME MEMBERS: Those members who were approved by the Board to receive primary member privileges because of their long-standing contributions to SMKA. Lifetime members must also sign a membership application, but they are not required to pay membership dues. Lifetime members have full General Membership voting privileges and may be elected to an Executive Board or Board of Directors position.

SECTION 4. SUSPENSION AND EXPULSION:

Causes of Termination: The membership of any regular membership shall terminate upon occurrence of any of the following events:

The resignation of the member.

The failure of a member to pay annual dues in the amount and within the times set forth by the Board of Directors.

The determination by the Board of Directors or a committee designated to make such determination that the member has failed in a material and serious degree to observe the rules of conduct governing this corporation as promulgated by the Board from time-to time.

Procedure for Expulsion: Following the determination that a member should be expelled under Section 4, SUSPENSION AND EXPULSION, 1. Cause of Termination, (C), the following procedure shall be implemented:

A notice shall be sent by mail by prepaid, first-class, or registered mail to the most recent address of the member as shown on the corporation’s records, setting forth the expulsion and the reasons, therefore. Such notice shall be sent at least 15 days before the proposed effective date of the expulsion.

The member being expelled shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held not fewer than 5 days before the effective dates of the proposed expulsion. The hearing will be held by a special member expulsion committee composed of not fewer than three Board Members appointed by the President. The notice to the member of his proposed expulsion shall set the date, time, and place of the hearing on his proposed expulsion.

Following the hearing, the expulsion committee shall decide whether or not the member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the expulsion committee shall be final.

No refunds will be issued to people expelled from the corporation.

SECTION 5. MEMBER OBLIGATIONS: Each member assumes certain obligations to the corporation. These obligations include:

SECURITY: The airport security gate must be kept locked at all times.

RULES & REGULATIONS: Abide by all rules and regulations as set forth by SMKA, FAA and the Santa Maria Airport.

MAINTENANCE: Help in the maintenance of the track, including, but not limited to, participation in workdays.

MEETINGS: Attend general membership meetings.

ARTICLE III: FINANCIAL MATTERS

SECTION 1. DUES, FEES, AND ASSESSMENTS: The amount to be charged for membership dues, corporation and special events, class entry fees, pit pass fees, and spectator admission fees shall be determined by a vote of the board. The amount to be charged for any special assessments shall be determined by a vote of the members.

SECTION 2. DISBURSEMENTS: Any expenditure of more than $300.00 for a purpose other than for trophies, pit passes, yearly track rent and standard track operation, or funds collected for sanctioned events requires the specific approval of the board. Expenditures from $50.00 to $250.00 require prior approval of the president and may be made no more than once per month. Any member responsible for an area of corporation operations may approve expenditures relative to his/her area of responsibility for amounts less than $150.00. All expenditure receipts will be provided to the Treasurer in an expeditious manner.

SECTION 3. AUDITS AND BONDING: The books of the Treasurer may be audited each year in January and at any other time there is a change in the office of Treasurer. Such audit will include a verification from statements issued by financial institutions holding corporation funds that the balances carried on the corporation books are correct. The Board may require the Treasurer to be bonded at the corporation’s expense.

SECTION 4. INSURED RACES: SMKA or any other group/association utilizing the SMKA facilities may not sponsor or conduct a racing program unless prior arrangements have been completed for an insurance program that would afford the corporation a minimum of five million dollars personal injury and property damage coverage. SMKA, the FAA and Santa Maria Airport are required to be named on the coverage of any insurance being utilized to conduct activities at the SMKA racetrack. SMKA will be provided copies of said insurance prior to any activities taking place.

ARTICLE IV: EXECUTIVE BOARD, BOARD OF DIRECTORS AND ELECTIONS

SECTION 1. RELATIVE POWERS: It is the intention of these bylaws to create both a strong Executive Board and Board of Directors. Acting together, they may decide or act on any matter not specifically reserved to the members. Neither shall have the power to impose its will on the other. Each may require a vote of the members to decide matters where they are not in agreement.

SECTION 2. THE BOARD: The Board consists of the Executive Board (E-Board) and the Board of Directors, who work together to manage in the best interest of Santa Maria Karting Association, Inc. The Board is responsible for the welfare of the club and has broad powers to act, particularly where time is not an element. The Board shall consist of a maximum of 12 members, and at no time less than eight members. The Board includes the four E-Board offices of President, Vice President, Secretary, Treasurer and eight Board of Directors positions.

EXECUTIVE BOARD (E-BOARD): The E-Board consists of four elected positions: President, Vice-President, Secretary, and Treasurer.

PRESIDENT: The President is responsible for the expeditious conduct of all club affairs and has broad powers to act, particularly where time is an element. The President shall lead the Executive Board and the Board of Directors in performing their duties and responsibilities, including, presiding over all Board and General meetings but shall not vote except to break a tie. The President shall be an ex-official member of all committees. The president will appoint, with the approval of the board, people to fill any elected office that becomes vacant. The President may also appoint such other Voting Affiliates as he/she deems necessary for expeditious conduct of club affairs.

VICE PRESIDENT: In the absence or disability of the president, the ranking vice-president shall perform the duties of the president. When so acting, the vice-president shall have all the legal powers of and be subject to all the restrictions upon the president. The vice-president shall have such other powers and perform such other duties prescribed for them by the board or the president.

SECRETARY: The secretary shall keep or cause to be kept a book of minutes of all meetings and actions of The Board. The minutes of each meeting shall state the time and place that it was held, and such other information as shall be necessary to determine the actions taken and whether the meeting was held in accordance with the law and these Bylaws. The secretary shall cause notice to be given of all meetings the Board and committees as required by the Bylaws. The secretary shall have such other powers and perform such other duties as may be prescribed by the board or the president. The secretary may appoint, with approval of the board, a director to assist in performance of all or part of the duties of the secretary.

TREASURER: The treasurer shall be the lead for oversight of the financial condition and affairs of the corporation. The treasurer shall oversee and keep the Board informed of the financial condition of the corporation and of audit or financial review results. In conjunction with other Board Members, the treasurer shall oversee budget preparation and shall ensure that appropriate financial reports, including an account of major transactions and the financial condition of the association, are made available to the board on a timely basis or as may be required by the board. The treasurer shall perform all duties properly required by the board or the president. The treasurer may appoint, with approval of the board a qualified fiscal agent or member of the Board to assist in performance of all or part of the duties of the treasurer.

BOARD OF DIRECTORS: The Board of Directors shall consist of eight elected Primary Members. The Board of Directors is responsible for the welfare of the corporation and has broad powers to act, particularly where time is not an element.

NON-VOTING AFFILIATES: The Board may approve classes of Non-Voting Affiliates with obligations established by the board for a length of time up to the end of one calendar year. An Affiliate position will require the re-approval of the Board at the beginning of each calendar year. Affiliates may be individuals (18 years of age or older), businesses, and other organizations that seek to support the mission of the corporation. The board shall have authority to admit any individual or organization as an affiliate, to recognize representatives of affiliates, and to make determinations as to affiliates’ obligations. At no time shall affiliate information be shared with or sold to other organizations or groups without the affiliate’s consent. At the discretion of the board, affiliates may be given endorsement, recognition and media coverage at fundraising activities, clinics, other events or at on the association website. Affiliates have no voting rights and are not members of the corporation.

ELIGIBILITY: To be eligible to serve as a Board Member, the individual must be 18 years of age and a current Primary Member in the association during the calendar year in which the vote will take place. Elected Board Members must be current Primary Club Members which have paid their dues no later than January 31st of each year.

NOMINATIONS: Approximately the first day of September of each year, the President shall appoint a Nominating Committee to screen members for their willingness to serve. In order to ensure availability of the board, eligible members must reside within a 65-mile radius of the track. All eligible members expressing a willingness to serve will be nominated. The status of nominations will be reported at the meetings in the months of September and October. Nominations will close upon approval of a motion by the Board of Directors.

VOTING: Annual elections shall be held at a meeting of the members as soon as practical after the fifteenth of November. Election shall be by secret written ballot. Members who cannot be present may vote by written absentee ballot. Ballot to be published in November newsletter or sent by written communication via e-mail, text, or postal service, according to a member’s preference. All primary members of record on the day of the election shall be eligible to vote. The chairman of the Nominating Committee and the treasurer shall verify ballots and shall count votes and announce the winners. As deemed appropriate by the Nominating Committee, any or all portions of the election process may be accomplished electronically on-line. All electronic election results will be preserved for auditing purposes.

TERM OF OFFICE: Newly elected Board Members start their term on January 1 following the elections, however on December 1 they have voting privileges on all motions concerning the following race year. Executive Board members are elected to office for a 12-month term only. The Board of Director members are elected for a consecutive 24-month term only. Any Board Member who has been appointed to fill a vacancy on the Board shall continue that position throughout the calendar year only. Any appointed Board Member wishing to continue serving on the board the following year must do so through the standard election process.

RESIGNATION: Any Board Member wishing to remove himself from the board must do so in writing by written communication via e-mail, or postal service, according to a member’s preference.

SUSPENSION AND REMOVAL: Any Board Member may be placed on suspension for infractions of any club rule or other cause, by the Board. The Board shall immediately notify the director of his suspension in writing, by written communication via e-mail, or postal service, according to a member’s preference, including all reasons for the suspension. Any suspended Board Member shall be entitled to a reasonable opportunity to be heard. After such opportunity to be heard, the board may terminate the suspension, or upon 2/3 vote of the Board, the Board Member shall be removed. The Board’s decision is final.

ARTICLE V: MEETINGS

SECTION 1. MEETINGS OF THE MEMBERS: There shall be three types of meetings of the members. Meeting of the members may be held in person or utilizing an on-line meeting software. All Members meetings will be held in accordance with Robert’s Rules.

AT THE TRACK MEETINGS: These may be held in conjunction with club races. These meetings are for the purpose of making brief announcements, receiving suggestions or comments, and for answering questions from the members. Discussion will be very limited, and votes may only be taken on subjects specifically scheduled by notification in a previous newsletter or by written communication via e-mail, text or postal service, according to a member’s preference, or at a general membership meeting.

ANNUAL GENERAL MEMBERSHIP MEETING: As soon as practical after March 1 of each year, a general membership meeting should be held to apprise the members of the corporation status. This would include a financial report, the updating of bylaws and general information sheets, and the schedule of club events. Members shall be notified of the meeting by announcement in newsletter or by written communication via e-mail, text or postal service, according to a member’s preference. Any business requiring a vote at this meeting may be approved by a majority vote of primary members present, or by written proxy.

SPECIAL GENERAL MEMBERSHIP MEETING: These may be called by the President, or by a petition signed by either a majority of the Board of Directors or at least ten percent of the voting members. A Meeting so called must allow for at least ten days’ notice by written communication via e-mail, text or postal service, according to a member’s preference to all members and must include an agenda of all business to be discussed. Any and only business listed on the agenda may be approved by a majority vote of primary members present, or by written proxy.

SECTION 2. MEETINGS OF THE BOARD: The Board will meet as soon as practicable after the first of December. The Board will meet thereafter at the call of the President, as required, but the President must call a meeting of the Board at least quarterly in the months of January, April, July, and October. Meetings of the Board may also be called by a petition signed by a majority of the Board. All meetings of the Board, however called, must give at least three days’ notice. The Board must obtain a quorum of current Board Members to hold a meeting. The Board meeting is for the Board to manage the association, any Member of the Club may be present for the meeting but will not be recognized on the floor or participate in any discussion or vote. Meeting of the Board may be held in person or utilizing an on-line meeting software. All Board meetings shall be held in accordance with Robert’s Rules.

MANNER OF ACTING:

Quorum. 50% plus 1 Board Members of record immediately before a meeting shall constitute a quorum for the transaction of business at that meeting. No business shall be considered or voted upon by the Board at any meeting at which a quorum is not present.

Majority Vote. Except as otherwise required by law or by the articles of incorporation, the act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board.

Hung Decisions. On the occasion that the Board is unable to make a decision based on a tied number of votes, the President or Vice President in the order of presence shall have the power to swing the vote based on his/her discretion.

Participation. Except as required otherwise by law, the Articles of Incorporation, or these Bylaws, Board Members may participate in a regular or special meeting through the use of any means of communication by which all Board Members participating may simultaneously hear each other during the meeting, including in person, internet video meeting or by telephonic conference call.

Allowable Participants. All Board members are authorized to attend a Board meeting except for any sanctions to a Board Member as determined in Art. 2, Sec. 4, or Art. 4, Sec. 2.4.E, of the Bylaws, that may exclude them from attending Board Meetings.

Board meetings will be closed session with only the Board members and selected Non-Voting Affiliates for the first 30 minutes. After such time and as deemed appropriate by the Board, the remaining 30 minutes of the meeting will be open session so that the General Membership and Non-Voting Affiliates are able to view the proceedings. A time space will be allowed for anyone’s questions or concerns at the end.

Non-Voting Affiliates, may attend the closed session, with approval by the President or acting, to discuss any business that they have been appointed to by the Board. The Non-Voting Affiliate will only be allowed in the closed portion of the Board meeting during their allotted time, as determined by the President or acting and will then be asked to leave until the open session.

SECTION 3. MEETING REPORTS: A written report of actions will be taken at each meeting of the board and of the members. After review and approval by the board the report will become the official record for the corporation. A review of the meeting minutes can be requested through the Secretary and will be available in a reasonable amount of time.

SECTION 4. ANNUAL REPORT: The annual report to members referred to in the California Nonprofit Corporation Law is expressly dispensed with, but nothing in these bylaws shall be interpreted as prohibiting the Board from issuing annual or other periodic reports to the members of the corporation as they consider appropriate. However, the corporation shall provide to the Board, and to those members who request it in writing, within 120 days of the close of its fiscal year, a report containing the following information in reasonable detail:

The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year.

The principal changes in assets and liabilities, including trust funds, during the fiscal year.

The revenue or receipts of the corporation both unrestricted and restricted to particular purposes, for the fiscal year.

The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year.

ARTICLE VI. MISCELLANEOUS

SECTION 1. AMENDMENTS:

AMENDMENTS TO THE ARTICLES OF INCORPORATION: Any amendment to the Articles of Incorporation may be adopted by approval of two-thirds (2/3) of the Board.

AMENDMENTS TO THE BYLAWS: These bylaws may only be amended by a majority vote of the primary members present at a general membership meeting, provided, however,

that no amendment shall be made to these Bylaws which would cause the corporation to cease to qualify as a tax-exempt corporation under Section 501 (c)(4) of the Internal Revenue Code of 1986, or the corresponding section of any future Federal tax code; and,

that an amendment does not affect the voting rights of the Board. An amendment that does affect the voting rights of the Board further requires ratification by a two-thirds vote of a quorum.

that all amendments be consistent with the Articles of Incorporation.

SECTION 2. INDEMNIFICATION: Indemnification of officers and other members authorized to conduct club affairs shall be in accordance with the provisions of the California mutual benefit nonprofit corporation law.

Mandatory Indemnification: The corporation shall indemnify a Board member or former Board member, who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he or she was a party because he or she is or was a Board member of the corporation against reasonable expenses incurred by him or her in connection with the proceedings.

Permissible Indemnification: The corporation shall indemnify a Board member or former Board member made a party to a proceeding because he or she is or was a Board member of the corporation, against liability incurred in the proceeding, if the determination to indemnify him or her has been made in the manner prescribed by the law and payment has been authorized in the manner prescribed by law.

Advance for Expenses: Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit or proceeding, as authorized by the board in the specific case, upon receipt of (I) a written affirmation from the Board member, or agent of his or her good faith belief that he or she is entitled to indemnification as authorized in this article, and (II) an undertaking by or on behalf of the Board member or agent to repay such amount, unless it shall ultimately be determined that he or she is entitled to be indemnified by the corporation in these Bylaws.

Section 3. BOOKS AND RECORDS

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of all meetings of its Board, a record of all actions taken by Board without a meeting, and a record of all actions taken by committees of the organization. In addition, the corporation shall keep a copy of the corporation ‘s Articles of Incorporation and Bylaws as amended to date.

SECTION 4. FISCAL YEAR

The fiscal year of the corporation shall be from January 1 to December 31 of each year.

SECTION 5. CONFLICT OF INTEREST

The Board shall adopt and periodically review a conflict-of-interest policy to protect the corporation ‘s interest when it is contemplating any transaction or arrangement which may benefit any Board member, affiliate, or member of a committee with board-delegated powers.

SECTION 6. NONDISCRIMINATION POLICY

The Board members, committee members, and persons served by this corporation shall be selected entirely on a nondiscriminatory basis with respect to age, sex, race, religion, national origin, and sexual orientation.

It is the policy of Santa Maria Karting Association, Inc. not to discriminate based on race, creed, ancestry, marital status, gender, sexual orientation, age, physical disability, veteran’s status, political service or affiliation, color, religion, or national origin.

SECTION 7. CLASS STRUCTURE: The club shall design classes to fit the needs of its membership. The following guideline will be considered:

NATIONAL CLASSES: The club will follow as closely as practicable the national class structure and eligibility rules for both 2 cycle and 4 cycle classes as set up by designated rules listed on SMKA website.

CLASS SIZE: The club will run any class or approved club option class for which there are at least three entries as established by the designated rules listed on the SMKA website.

JUNIOR DRIVERS: Unless Junior drivers are in their option year and meet all requirements per the designated rules listed on the SMKA website, they will under no circumstances be allowed to compete in Senior classes.

OPTION CLASSES: If numbers permit, the class structure should provide separate classes where slower or less experienced drivers can race free form the domination of faster and more experienced drivers.

ARTICLES VII, DOCUMENT RETENTION POLICY

PURPOSE: The purpose of this document retention policy is establishing standards for document integrity, The purpose of this document retention policy is establishing standards for document integrity, retention, and destruction and to promote the proper treatment of Santa Maria Karting Association, Inc. records.
Section 1. GENERAL GUIDELINES

Records should not be kept if they are no longer needed for the operation of the business or required by law. Unnecessary records should be eliminated from the files and destroyed. The cost of maintaining records is an expense which can grow unreasonably if good housekeeping is not performed.

A mass of records also makes it more difficult to find pertinent records. From time to time, Santa Maria Karting Association, Inc. may establish retention or destruction policies or schedules for specific categories of records in order to ensure legal compliance, and also to accomplish other objectives, such as preserving intellectual property and cost management. Several categories of documents that warrant special consideration are identified below.

While minimum retention periods are established, the retention of the documents identified below and of documents not included in the identified categories should be determined primarily by the application of the general guidelines affecting document retention, as well as the exception for litigation relevant documents and any other pertinent factors.

Section 2. EXCEPTION FOR LITIGATION RELEVENT DOCUMENTS

Santa Maria Karting Association, Inc. expects all Board members and Affiliates to comply fully with any published records retention or destruction policies and schedules, provided that all Board members and Affiliates should note the following general exception to any stated destruction schedule: If you believe, or Santa Maria Karting Association, Inc. informs you, that corporation records are relevant to litigation, or potential litigation (i.e. a dispute that could result in litigation), then you must preserve those records until it is determined that the records are no longer needed. That exception supersedes any previously or subsequently established destruction schedule for those records.

Section 3. MINIMUM RETENTION PERIODS FOR SPECIFIC CATEGORIES CORPORATION DOCUMENTS

Corporation records include the Corporation ‘s Articles of Incorporation, By-Laws and IRS Form 1023 and Application for Tax Exemption. corporation records should be retained permanently. IRS regulations require that the Form 1023 be available for public inspection upon request as set forth in these bylaws.

SECTION 4. TAX RECORDS

Tax records include, but may not be limited to, documents concerning payroll, expenses, proof of contributions made by donors, accounting procedures, and other documents concerning the corporation ‘s revenues. Tax records should be retained for at least seven years from the date of filing the applicable return.

SECTION 5. BOARD AND COMMITTEE MATERIALS

Meeting minutes should be retained in perpetuity in the corporation ‘s minute book. A clean copy of all other Board and Committee materials should be kept for no less than three years by the corporation.

SECTION 6. MARKETING AND SALES DOCUMENTS

The corporation should keep final copies of marketing and sales documents for the same period of time it keeps other corporation files, generally three years. An exception to the three-year policy may be sales invoices, contracts, leases, licenses, and other legal documentation. These documents should be kept for at least three years beyond the life of the agreement.

SECTION 7. CONTRACTS

Final, execution copies of all contracts entered into by the corporation should be retained. The corporation should retain copies of the final contracts for at least three years beyond the life of the agreement, and longer in the case of publicly filed contracts.

SECTION 8. BANKING AND ACCOUNTING

Accounts payable ledgers and schedules should be kept for seven years. Bank reconciliations, bank statements, deposit slips and checks (unless for important payments and purchases) should be kept for three years. Any inventories of products, materials, and supplies and any invoices should be kept for seven years.

SECTION 9. INSURANCE

Expired insurance policies, insurance records, accident reports, claims, etc. should be kept permanently.

SECTION 10. AUDIT RECORDS

External audit reports should be kept permanently. Internal audit reports should be kept for three years.

ARTICLE VII – TRANSPARENCY AND ACCOUNTABILITY. DISCLOSURE OF FINANCIAL INFORMATION WITH THE GENERAL PUBLIC

Purpose: By making full and accurate information about its mission, activities, finances, and governance publicly available, Santa Maria Karting Association, Inc. practices and encourages transparency and accountability to the general public. This policy will:

indicate which documents and materials produced by the corporation are presumptively open to Members and/or the public.

indicate which documents and materials produced by the corporation are presumptively closed to Members and/or the public.

specify the procedures whereby the open/closed status of documents and materials can be altered.

The details of this policy are as follow:

SECTION 1. FINANCIAL AND IRS DOCUMENTS (The form 1023 and the form 990): Santa Maria Karting Association, Inc. shall provide, by way of hyperlinks to the appropriate websites, its Internal Revenue forms 990, 990-T, 1023 and 5227, bylaws, conflict of interest policy, and financial statements to the general public for inspection.
SECTION 2. MEANS AND CONDITIONS OF DISCLOSURE: Santa Maria Karting Association, Inc. shall make available by way of hyperlinks to the appropriate websites that contain the public information.

Santa Maria Karting Association, Inc. shall inform anyone requesting the information where this information can be found, including the web address. This information must be provided to requests within a reasonable amount of time.

SECTION 3. IRS ANNUAL INFORMATION RETURNS (Form 990): Santa Maria Karting Association, Inc. shall submit the Form 990 to its governing body prior to the filing of the Form. While neither the approval of the Form 990 or a review of the 990 is required under Federal law, the corporation ‘s Form 990 shall be submitted to each member of the Board via (hard copy or email) at least 10 days before the Form 990 is filed with the IRS.
SECTION 4. BOARD MINUTES: All Board minutes shall be available to the public upon request once accepted by the board, except where a motion is passed to make any specific portion confidential, through a formal request.

All papers and materials considered by the Board shall be open to the public following the meeting at which they are considered, except where a motion is passed to make any specific paper or material confidential.

ARTICLE VIII -CODES OF ETHICS AND WHISTLE-BLOWER POLICY

PURPOSE: Santa Maria Karting Association, Inc. requires and encourages members, and Affiliates to observe and practice high standards of business and personal ethics in the conduct of their duties and responsibilities. The Board, Affiliates and representatives of the corporation must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. It is the intent of Santa Maria Karting Association, Inc. to adhere to all laws and regulations that apply to the corporation and the underlying purpose of this policy is to support the corporation ‘s goal of legal compliance. The support of the Board is necessary to achieving compliance with various laws and regulations.
SECTION 1. REPORTING VIOLATIONS: If any Board member, Member or Affiliate reasonably believes that some policy, practice, or activity of Santa Maria Karting Association, Inc. is in violation of law, a written complaint must be filed by that person with the President or Vice President.
SECTION 2. ACTING IN GOOD FAITH: Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false shall be subject to civil and criminal review.
SECTION 3. RETALIATION: Said person is protected from retaliation only if she/he brings the alleged unlawful activity, policy, or practice to the attention of Santa Maria Karting Association, Inc. and provides the Santa Maria Karting Association, Inc. with a reasonable opportunity to investigate and correct the alleged unlawful activity.

The protection described below is only available to individuals that comply with this requirement. Santa Maria Karting Association, Inc. shall not retaliate against any Board member, Member or Affiliate who in good faith, has made a protest or raised a complaint against some practice of Santa Maria Karting Association, Inc. or of another individual or entity with whom Santa Maria Karting Association, Inc. has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of public policy.

Santa Maria Karting Association, Inc. shall not retaliate against any Board member, Member or Affiliate who disclose or threaten to disclose to a Board member or a public body, any activity, policy, or practice of Santa Maria Karting Association, Inc. that the individual reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of public policy concerning the health, safety, welfare, or protection of the environment.

SECTION 4. CONFIDENTIALITY: Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.
SECTION 5. HANDLING OF REPORTED VIOLATIONS:

The President or Vice President shall notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports shall be promptly investigated by the Board and its appointed committee and appropriate corrective action shall be taken if warranted by the investigation.

This policy shall be made available to all Board members, Members and Affiliates through these bylaws, and they shall have the opportunity to ask questions about the policy.

I, the undersigned, certify that I am the presently elected and acting Secretary of SANTA MARIA KARTING ASSOCIATION, INC., a California Mutual Benefit Corporation, and the above bylaws, are the bylaws of this corporation as adopted at a general membership at the annual meeting held on March 3rd 2024. This set of by-laws supersede any previous set of by-laws and this set of By-Laws stands alone.

Dated: March 3rd 2024

___________________________

Secretary, Jon Ikola

Bylaws Of SMKA

Membership Information

Recent Updates