By-Laws Outright Libertarians USA Update: Annual Meeting May 2005 Article One MISSION STATEMENT As Outright Libertarians, we serve as a two-way bridge between the Libertarian Party and those citizens with differing sexual orientations. Through activism and outreach we find free-thinking individuals in the "gay community" and introduce them to the Libertarian Party. By being active within the Libertarian Party, we work to keep the party lifestyle inclusive. And we work with the Libertarian Party to protect our individual freedoms and demand the equal Rights and Responsibilities guaranteed to all persons under our U.S. Constitution. Article Two MEMBERSHIP I. Requirements: A. Membership in the national organization of Outright Libertarians or in a Chartered Chapter thereof, shall be open to any individual who: 1. Subscribes to Libertarian Principles and Objectives; 2. Submits an application; and 3. Pays such dues as may be required. Members recruited by any Chartered Chapter in good standing, who also meet the above requirements will be considered members of the national organization, when the chapter submits a copy of the new member's application information to the national office of Outright Libertarians along with any fees or donations if owing at the prospective member's chosen level of membership. Chapters may have requirements other than those listed here as long as they are compatible with the national organization's By-Laws. II. Membership Support Levels and Dues: A. New or renewing members in Outright libertarians will be asked to choose one of the following three support levels. 1. Basic Membership - Free and renewing automatically for all local chapter and national members of Outright Libertarians. All persons who became members prior to April 13, 2003 will be considered Basic Members unless or until the member upgrades to a different support level or asks to be removed from membership. 2. Sustaining Membership - $30.00 per year which may include such perks as a membership card, an E-mail address (likemember@OutrightUSA.org), and such other perks as decided by the national Executive Committee. If the member at this level of support does not renew annually the member will automatically be downgraded to Basic Membership. 3. Founder's Club Membership - a one-time donation of $1,000.00, and will include lifetime membership in the national organization and in one local chapter. A member at this level would receive what a Sustaining Member receives plus a plaque or certificate commemorating their gift, a permanent membership card, and such other acknowledgments as decided by the national Executive Committee. B. All levels of membership will enjoy full voting and participation rights, including the right to vote in local and national Outright Libertarian Business Meetings, and to run for an Office at the local and/or national level. Chartered Chapters are required to maintain a database of all its members and report changes and updated information regularly to the national organization. C. Sharing of Dues and Donations 1. Donations made to the local chapter or to the national organization will be retained by the chapter or the national organization to which the donation was made. No sharing will be required. 2. Because Basic Membership is free, the national organization nor any chartered chapter may charge a Basic Member for maintaining his or her membership; but donations may be solicited. 3. Chartered Chapters will be responsible for collecting Sustaining Member dues within its jurisdiction. And will be required to send to the national organization, from each Sustaining Member's dues, a per-capita fee of $10.00 per year for each. This will be assessed for the number of Sustaining Members the chartered chapter has on January 1st of each year and will be due on or before January 31st (beginning in January of 2004) OR the chapter may choose to pay the per-capita fee as each member joins or renews (starting upon ratification of this amendment). If this fee is collected but not paid, the chapter and its members may be considered not in good standing and thereby suspended from voting on national business and elections. If a chartered Chapter decides to set its Sustaining Membership dues higher or lower than $30.00, the per-capita fee will remain $10.00. 4. A Founders Club level application for membership, whether recruited at the local or national level of Outright Libertarians will be considered a donation to the national organization and must be sent along with the entire Founders Club donation to the national office immediately. A finders fee will be awarded to a local chapter recruiting a Founders Club member, will be 30% of the donation and will be rebated after receipt of the new Founders Club Member's donation. D. A Chartered Chapter may have other levels of support/membership not named here, but they will all be considered Sustaining Memberships by the national organization and requiring the same per-capita fee. III. Suspension and Expulsion: A. The Executive Committee may, by a two-thirds vote and upon 30 days written notice, suspend the membership of any member who publicly uses the name "Outright Libertarians" in support of any policy, position, or objective which, in the opinion of the Committee is contrary to the position of Outright Libertarians. Written notice shall set forth in detail the exact nature of the statement made as well as those who are making the accusation. The accused shall have the right to confront her/his accusers before the Executive Committee at the meeting during which the vote on his suspension is taken, and to present any evidence, witnesses, or arguments relevant to her/his case. Upon suspension, the member has sixty (60) days to appeal to an arbitration panel selected under the provisions of ARTICLE II, SECTION V. If the suspended member fails to appeal or if the arbitration panel upholds the suspension, the suspension becomes an expulsion. During the period of suspension, the suspended member continues to enjoy the rights and privileges of the membership except that he may not publicly use the name "Outright Libertarians" in support of any policy, position, or cause. IV. Arbitration A. Any member whose membership has been suspended or any person denied membership may appeal the decision to an arbitration panel. B. The arbitration panel shall consist of three members in good standing of Outright Libertarians, one of whom is selected by a majority vote of the Executive Committee, one by the appellant, and one by mutual agreement. C. The arbitration panel shall be appointed no later than thirty (30) days following the receipt by the Executive Committee of the appellant’s notice of intent to appeal. Should the appellant and the Executive Committee fail to agree on a third member, the two members selected shall choose the third member of the panel. D. The arbitration panel shall adopt for itself any rules of procedure that it believes will ensure a fair and speedy disposition of the case provided that all procedural rules are accepted by the unanimous consent of the panel. E. The final disposition of the case shall be decided by a simple majority vote of the panel, with the decision of the panel to be binding on all parties. F. Any costs that may be involved will be split equally by the appellant and Outright Libertarians and will be payable when incurred. Article Three OFFICERS I. Titles A. The Executive Officers shall consist of the following: 1. Chairman 2. Vice Chairman 3. Secretary 4. Treasurer II. Duties A. Chair: The Chair shall preside at all meetings of Outright Libertarians and perform such duties as usually pertain to the office of Chair. B. Vice Chair: The Vice Chair shall perform all duties of the Chair in the event of the Chair's absence or resignation and any other duties delegated by the Chair. C. Secretary: The Secretary shall keep an accurate record of all meetings of Outright Libertarians. At each such meeting, the Secretary shall present the minutes of the previous meeting for approval. The Secretary shall also keep an accurate and complete record of the membership and archive a copy of all official documents and publications. These auxiliary duties may be delegated to appropriate committee chairs who will report to the Secretary. In the event of a Roll Call Vote, the Secretary shall call the roll of members in good standing and keep an accurate record of the vote. D. Treasurer: The treasurer shall receive, and give receipts for, all funds paid to Outright Libertarians, keep an accurate record of such, and deposit same in such bank as shall be designated by the Executive Committee of Outright Libertarians. Expenditure of funds by the Treasurer shall be made only in accordance with the instructions of the Executive Committee. And the Treasurer shall report at each meeting of the Executive Committee of Outright Libertarians or at any other time as may be required. III. Election of Officers A. Officers shall be elected at the annual meeting of Outright Libertarians. Nominations for Executive Officers shall be from the floor. All nominees must be members in good standing of their state or the national Libertarian Party. IV. Vacancy A. In the event of the vacancy of an elected office, the Executive Committee may select a Outright Libertarian member to fill such a vacancy until the next regular election of that position. V. Meetings A. There shall be at least one business meeting called per year for the election of Officers and to conduct all necessary business of Outright Libertarians. At least seven (7) days notice must be given to the membership. B. Special meetings may be called by any Officer provided sufficient notice is given to the membership that includes the date, time, place and subjects to be covered. C. Regular meetings may be established by a majority vote of the Executive Committee. Article Four EXECUTIVE COMMITTEE I. Members of the Committee A. The Executive Committee shall consist of the Officers described in Article III and one (1) State Coordinator / Representative from each state. II. Duties A. The Executive offices of Chair, Vice Chair, Secretary and Treasurer shall perform administrative tasks as previously stated in Article III. B. The State Coordinator / Representative shall aid and assist the Executive Officers and shall coordinate and facilitate Outright Libertarian activities which shall include helping to start and encouraging the growth of chapters in his or her state. III. Elections A. State Coordinator / Representatives shall be elected at or before the annual business meeting of Outright Libertarians by the members in each state and will take office at the end of that meeting. All candidates for these positions must be members in good standing of Outright Libertarians and their state or the national Libertarian Party. B. If the membership of any state fails to elect a State Coordinator / Representative for any reason, or if a State Coordinator / Representative resigns or for any reason fails to complete his or her term, the national Executive Committee may at its discretion appoint someone to that post for the remainder of the current term. C. A State Coordinator / Representative may be suspended or removed from office by a two-thirds vote of the national Executive Committee, only if he or she is judged to have abused the power of their office or effectively abdicated his or her office by doing nothing. IV. Vacancy A. In the event of the vacancy of an State Coordinator / Representative , the Executive Committee may select by a simple majority vote an Outright Libertarian member in that state to fill such a vacancy until the next regular election of that position. V. Meetings A. All meetings of the Executive Committee shall be announced and open to Members in good standing of Outright Libertarians. Members may express opinions and concerns on agenda items as directed by the Chair, but only the Executive Committee may vote. B. Any Executive Committee meeting may be held at a physical location, by electronic means, or any combination at the discretion of the Chair provided that the chosen meeting method is reasonably secure, allows members the opportunity to speak, and provides an accurate method of voting, if applicable. The Secretary, or someone appointed by the Chair to substitute, shall keep Minutes of each Executive Committee meeting. If E-Mail or any other electronic method is used between meetings for voting on time sensitive issues, the question(s) and the voting results must be read into the next meeting's minutes. VI. Vote of No Confidence A. A vote of No Confidence by the membership may be called for any Officer or Representative with a majority vote of three quarters of the Executive Committee to be held at the next regular or called meeting of the membership OR by a simple majority of the membership present and voting at a regular or called meeting to be held at the Next regular or called meeting of the membership. The following conditions must be met: 1. The Officer or Representative for which the vote of No Confidence is called must be offered equal time in the regular or called meeting at which the vote of No Confidence is taken. 2. A two thirds majority of the membership present and voting must vote in favor of No Confidence for it to pass. B. Any Officer or Representative for which a vote of No Confidence has passed must step down from that office at the conclusion of the vote and the position filled in accordance with Article IV, Section IV. Article Five CHARTERED CHAPTERS I. Chartered Chapters: A. The Executive Committee of Outright Libertarians USA may charter chapters of Outright Libertarians to serve cities or whole metropolitan areas, regions within states, and may even designate service areas that cross state lines at the discretion of the Executive Committee. II. Initiation: A. Provisional Chapter Charter: Upon receipt of a request to start a new chapter in writing, which shall include E-Mail, by any member in good standing, The Chair with a consensus of the Executive Committee may grant a provisional chapter charter to the member(s) to operate until the requirements in paragraphs B and C below are fulfilled. 1. 1 2. This provisional chapter may use the Outright Libertarian name and logo in its promotions or when commenting publicly on local or state issues. 2 This provisional status will be reviewed at or just before the one year anniversary of the original request and may be extended or revoked at the Executive Committee's discretion if not yet upgraded to a full charter status. 3. 3 Members wishing to start a new chapter may choose to bypass this step and directly apply for a full Chapter Charter. B. Full Chapter Charter: The petitioners for full Chartered Chapter status, whether a provisional chapter or individuals, must have at least two members, adopt a set of By-laws, and submit same to the Executive Committee along with their petition, Chapter By-laws must not conflict with the national By-Laws and must contain: 1. 1 The Outright Libertarian Mission Statement. 2. 2 Membership requirements, which shall include, a provision for calling at least one business meeting per year; 3. 3 Procedures for amending the By-laws; 4. 4 Procedures for voting on Chapter issues and electing officers. C. The petitioners, two or more local members, seeking a charter must comply with and make a statement of the following in their petition: 1. 1 Any Officers must be current members of the Libertarian Party on the state or national level. 2. 2 Officers must all currently reside within the city or defined area to be covered by the charter. 3. 3 They must choose a Name for their chapter and clearly define the area it will serve. D. Upon completion of paragraphs B and C above, the Executive Committee will consider the information submitted and vote by a simple majority in a called meeting whether or not to approve the Petition for Chartered Chapter status. III. Application of the Mission Statement A. Chartered Chapters may determine for themselves their local implementation of Outright Libertarians' Mission Statement, but the Outright Libertarians' Executive Committee or a body of representatives from all chapters, if such body exists, reserves the authority to determine if said implementation is in accord with the original intent of the Mission Statement. Article Six ENDORSEMENTS I. Endorsement Of Persons To Hold Office A. Election of persons to office: 1. In order for Outright Libertarians to formally endorse a candidate for political office a nominating committee shall be appointed by the Executive Committee to review the qualifications and political position of any candidate seeking office and present their recommendations to the membership. This committee shall be comprised of an odd number of members and shall recommend candidates that most accurately represent the interests of Outright Libertarians. 2. Candidates who are running as Libertarians shall be considered first for recommendation. 3. Final decision for Outright Libertarians endorsement of any candidate recommended by the nominating committee shall be determined by a simple majority vote of the membership in a meeting called no less than 30 days prior to meeting where endorsements will be considered. The call must include the recommendations of the nominating committee. 4. If a recommendations of the nominating committee is turned down by the membership, nominations may be made from the floor. II. Endorsement or Condemnation of Ballot Issues A. Ballot initiatives, Propositions, Constitutional Issues and the like: 1. In order for Outright Libertarians to formally endorse or condemn a ballot issue a committee shall be appointed by the Executive Committee to review the issue for congruence with Libertarian principles and ideals. This committee shall be comprised of an odd number of members and shall seek to recommend endorsement of issues that accurately represent the interests of Outright Libertarians or recommend condemnation of issues that are contrary to them. 2. Final decision to endorse or condemn an issue recommended by the appointed committee shall be determined by a simple majority vote of the membership in a meeting called no less than 15 days prior to meeting where endorsements or condemnations will be considered. III. Non-Ballot Issues A. This article is intended to apply only to issues that will not appear on a public ballot and in no way is it intended to prohibit the Executive Committee from issuing position statements, opinions or talking to the press on issues including but not limited to: 1. Current Events 2. Pending legislation before any city, county, state or federal legislative body within its jurisdiction. 3. Court Decisions 4. Practices of private businesses or public bureaucracies. Article Seven CHANGES OR AMENDMENTS I. These By-Laws may be amended by a two thirds (2/3) majority vote of the membership present and voting at an annual business meeting when proposed By-Laws changes or amendments are announced no less than 30 days prior to the meeting. The Membership of Outright Libertarians must be officially notified of By-Laws changes or amendments in writing, by E-mail or first class mail that is sent or U.S. postmarked not less that twenty-one (21) days prior to the annual business meeting. II. Corrections in grammar or spelling needed in these By-Laws or minimal changes necessary to comply with the law may be made by a simple majority vote of the Executive Committee at any Executive Committee meeting. Such changes must be reported to the membership in the next annual business meeting and must be ratified by that body. Changes not ratified will not become a permanent part of these By-Laws. III. EXCLUSIONS. Any article dealing with the Mission, Principles or Objectives of Outright Libertarians and this Article VII, "Changes or Amendments" are hereby excluded from the two-thirds majority vote rule in section one above. To change or amend these articles, a seven-eights (7/8) majority vote is required, all other rules in section one will apply.