FREQUENTLY ASKED QUESTIONS (FAQs):

Updated 02/14/2011 07:18 PM

1.      Q: Why can't I print a copy of these proposed bylaws?

A:  In order to minimize confusion between un-ratified Proposed Bylaws and current Bylaws in existence, we have been directed to restrict printing of the Proposed Bylaws.  If these Proposed Bylaws are ratified at the April 2011 State Meeting, the "Proposed" watermark  and the printing restriction will be removed. 

Additionally, these will be printed in the Jan/Feb MasterLink so that each and every ABATE of Florida, Inc. member will receive a copy to revivew.

2.      Q: After reading the proposed bylaws, I don't like a something written in them.  Should I vote at my chapter meeting to reject these Proposed Bylaws?

A:  It would not be proper for this page to recommend how you vote.  With that being said, ABATE of Florida, Inc.'s Bylaws are a "living document", meaning that they may be modified through the defined amendment process should the Delegation feel that something within them needs correction or addition.  The updated amendment procedure is proposed within these Proposed Bylaws.  The proposed amendment process states exactly how, with deadlines, an ABATE of Florida, Inc. member may propose a ByLaw amendment.

3.      Q: The Proposed Bylaws my chapter received at the December 2010 State Meeting had more pages than the Proposed Bylaws published here. Why?

A:  Due to reformatting of the document, the page count may change.  However, the content is the same as distributed at the meeting.

4.      Q: I've noticed there is a spelling error in the document....

A:  Please double check the document above.  If spelling and/or non-substantial typographical errors are found, we will correct them in the document above.  Please see if the error has been corrected, and if not, use the form below to let us know. 

5.      Q: Under "Membership", what does the document mean by "natural person"?

A:  "Natural Person" is a legal term.  A "natural person" is a human being as opposed to a corporation.

6.      Q: I noticed that the State Safety Director position is not listed in the proposed bylaws.  Why not?

A:  In December 2008, the State Delegation made the Chapter Safety Director an elected position per the Corporation's Bylaws.  This motion, which passed, was specific to the Chapter Safety Director only.

7.      Q: Why is the State Office Manger not listed in the Bylaws?

A:  The State Office Manager is an administrative position, and is appointed by the State Board of Directors to manage the running of ABATE of Florida, Inc.'s office in Deland, FL.  The position's duties and responsibilities are determined by the State Board of Directors.  This practice is similar to any large corporation such as Publix Supermarkets; they would not put their Home Office's manager's position in their corporate documents.  Normal business practices dictate that they need an Office Manager, and one is appointed.

8.      Q: Are all the State BOD positions still required to submit monthly Expense Reports?

A:  Yes, this requirement remains in place.  Some of the BOD positions' requirement for this is covered in the Proposed Bylaws here:

III. State Organization Duties and Responsibilities

c. LEADERSHIP

ii. Common Duties of all State Officers

2. Remit Expense Reports to ABATE of Florida, Inc. on a monthly basis.

9.      Q: Shouldn't Section ___, Item ___ say XXXXXX instead?  I think that this would be a better way to XXXXX.

A:  Since these Proposed Bylaws have been submitted for the approval of the Delegation, changes of this nature must made by amending the Bylaws.  Assuming these Proposed Bylaws are ratified in April 2011, you can submit a Bylaw amendment proposal after ratification.

10.   Q: What is the difference between Bylaws & SOPs (Standard Operating Procedures)?

A:  Bylaws may be defined as the written rules for conduct of a corporation, association, partnership or any organization.  Bylaws generally provide for meetings, elections of a board of directors and officers, filling vacancies, notices, types and duties of officers, committees, assessments and other routine conduct. Bylaws are, in effect a contract among members, and must be formally adopted and/or amended through announcing the intentions and

subsequent meetings leading up to a vote regarding the ratification or amendment by the membership.

Standard Operation Procedures, more commonly referred to as "Standard Operating Procedures" or SOPs, are important business tools that create a professional environment that is consistent and predictable. Because of their role in business success, the ability to create, use and implement SOPs can significantly contribute to the business' success.

The Business Dictionary states that a standard operating procedure must be a written document that can be used as guidance any time a specific task or project is undertaken. It is a list of best practices that maximize the likelihood of the given task or project producing the desired results.

Standard operating procedures have several purposes. First, they establish the roles and tools needed for a given task. Second, they provide a knowledge base for the business. Thirdly, they are a written record of the procedures, actions and policies that contribute to a project's success.  Finally, SOPs do not require ratification, and as long as they are not in conflict with the established Bylaws of the corporation or organization, can be modified and implemented by the chapter's Board of Directors.

11.   Q: In the Proposed Bylaws, under State PR/Webmaster, it states "The state board shall have the power to assign a chapter webmaster and/or electronic communications coordinator when necessary".  Can you please explain the logic behind giving the State Board this power when logically it should go to the chapter board?

A:  This would not be a new ability granted to the State Board of Directors.   The State BOD has always had the authority and ability, when needed, to appoint a webmaster.    Typically this has been reserved for situations where a past webmaster is refusing to turn over a chapter website and/or domain name.   This provision is consistent with the centralized protection of the ABATE of Florida, Inc. brand which has existed since the founding of the corporation.   If a chapter is unable to appoint or elect a webmaster who will comply with ABATE of Florida, Inc. guidelines and corporate policy, one will eventually be appointed for them to protect corporation's goals and mission.

12.   Q: In the Proposed Bylaws, the language in Chapter V, item "b. Chapter Elections", subsection i.(4) may eliminate many ABATE of Florida, Inc. members from being nominated for their chapters' 2011 election cycle since there will not be enough time to fulfill the requirement.  If these Proposed  Bylaws are  ratified, is there a way to correct this problem this year?

A:  Yes.  The exact language of issue is as follows:

V. Elections, b. Chapter Elections, i. (4):

Candidates for any Chapter Executive Officer position must have attended and signed in at least two (2) out of the last twelve (12) State Meetings. Chapters may increase this minimum requirement to equal that of the State Board of Directors.

Since the Proposed Bylaws have been submitted for ratification, substantial language may not be added at this time.  Assuming these Proposed Bylaws are ratified at the April 2011 State Delegate's Meeting, the Delegation may elect to issue a "pro rata" one-time waiver immediately after ratification.  The waiver would work like this:

• The 2011 chapter elections will not require any attendance at a state meeting before the elections.

• The 2012 chapter elections would require attendance at only ONE state meeting as a proportionate step to the full requirement.

• The 2013 chapter elections would require full compliance with the Bylaw language.

So, by way of example:

• For 2011, a candidate for Chapter President, Chapter Vice President, Chapter Secretary, or Chapter Treasurer would not be required to have attended a state meeting.

• For 2012, a candidate for Chapter President, Chapter Vice President, Chapter Secretary, or Chapter Treasurer would be required to have had attended ONE of the previous twelve state meetings.

• For 2013, a candidate for Chapter President, Chapter Vice President, Chapter Secretary, or Chapter Treasurer would be required to have had attended two of the previous twelve state meetings.

This pro-rata waiver would have to be immediately voted upon by the State Delegation right after a successful Bylaw ratification vote and would be effective upon successful vote.

13.   Q: I  am confused by the language regarding "Two (2) State Delegates/Legislative" in the "Chapter Officers" section of the Proposed Bylaws.  Does this mean that the Legislative Trustee is also required to attend the State Meetings?

A:  This language was copied exactly from the existing Bylaws, therefore it would be interpreted in the exact same manner as is currently in practice.

14.   Q: Regarding Article VI Section C (iii), is the 30 days the time within which the Chapter President or designee must send the proposed bylaw and paperwork into the state office OR is it the time period in which the bylaw committee must act upon the proposal?

A:  The intent of this language is the proposal(s) be forwarded to the State BOD and Committee within 30 days of the chapter vote.  To read this section to mean the "further action" must be preformed "within thirty calendar days" would not make sense, as this incorrect meaning does not allow the State BOD and Bylaw Committee to ever receive the proposal(s).

15.  Q: "I know it was not a change from the old bylaws but I have a question on IV c i, concerning a chapter not allowed to do security for non-ABATE functions. How can this be addressed when we have chapters meeting (for free or reduced cost) at fraternal organization in return for providing security at their functions?"

A: The bylaws committee did not alter or change that provision of the bylaws.  Since it is identical, this question should be referred to the State Board of Directors or the next meeting of the Delegation under new business.