Constitution

CONSTITUTION

OF HARLEY OWNERS GROUP (“H.O.G.”)

   JOHANNESBURG, SOUTH AFRICA

 

The accepted constitution of the Johannesburg H.O.G. Chapter. Ratified on 23rd  February 2010 at the AGM.

 

Preamble*

The Harley Owners Group (H.O.G.) is an organization founded and sponsored by Harley-Davidson* Motor Company. H.O.G. was established to offer motorcycling benefits and services to Harley-Davidson enthusiasts throughout the world and to develop a close relationship between the Harley-Davidson rider, the Harley-Davidson dealer and Harley-Davidson Motor Company.

 

Article I - Name

 

 

The name of the Chapter is Harley Owners Group, Johannesburg Chapter, South Africa, hereinafter referred to as “The Chapter”. H.O.G. Johannesburg is an independent Chapter affiliated to the Harley Owners Group. This Chapter was registered with, and duly authorised by H.O.G. Europe on 11 June 1997 to operate as an official Chapter of H.O.G., as sponsored by the Johannesburg Dealer.

Purpose

The purpose of the Chapter is:

  • To bring members together for the common interest of promoting responsible, non-political, family orientated, safe riding of Harley Davidson motorcycles.
  • To promote events and encourage participation in H.O.G. activities.
  • To make donations for such charitable, educational or other purposes as the Chapter Committee may decide.
  • To do such lawful things that are in the interest of the Chapter and its members and which are not inconsistent with the objects and purpose of the Chapter and/or this Constitution.
  • To provide benefits for the members of the Chapter.
  • To ensure the scheduling of an annual program of events, activities and publications adding value to H.O.G. membership.

 

Article II – Sponsorship

 

 

1.  The authorised Harley-Davidson dealership of Johannesburg sponsors the Chapter.

2.  The sponsoring dealer will ensure that the Chapter conducts its operations and activities in accordance with the International Harley-Davidson dealership standards, this constitution and H.O.G operating policies include those of the annual charter.

3.  The sponsoring dealer must approve the content of all Chapter publications.

4.  The sponsoring dealer shall have authority over matters pertaining to membership.

 

 

Article III - Membership and Term of Relationship

 

 

On application and after payment of the prescribed fee, a member’s affiliation with the Chapter shall be for a one-year term and shall be subject to the payment of an annual renewal fee to the Chapter. Membership shall be available only to H.O.G. members in good standing.

 

Article IV – Status of the Chapter 

 

1.  The H.O.G. Johannesburg Chapter, South Africa shall be a non-profit organization.

2.  The property and other assets of the Chapter shall vest in the Chapter, which shall hold such assets distinct from the individual members, and the individual members shall have no rights in or to any property or any other assets of the Chapter.

3.  Any obligations incurred by or for or on behalf of the Chapter shall be incurred by the Chapter itself and to the exclusion of the individual members.

4.  Under no circumstances shall the assets of the Chapter or any part thereof, be distributed to members in the form of a dividend or a share or profits.  In the event of the Chapter being dissolved the remaining funds or assets shall be given to or transferred to other organizations with objectives similar to those of the Chapter.

5.  Funds available for investment may only be invested with registered financial institutions.

6.  The Chapter shall adhere to the Annual Charter and all H.O.G. Operating Policies.

 

Article V – Officers

 

1.  The Chapter membership, in conjunction with the sponsoring dealer, shall from time to time elect the following Primary Officers at the AGM: Director, Assistant Director/s, Treasurer and Chapter Secretary. This election to be ratified at an AGM.  These officers will constitute the Executive Committee. The HOG Marshals Group may elect a Road Captain within 30 days of the AGM. If elected he / she prior to the AGM, the Road Captain’s election will be ratified at the AGM and he/she shall form part of the new elected Executive Committee. The Immediate Past Director shall serve as an ordinary member on the new elected Executive Committee to ensure continuity.

2.  The Harley Davidson Johannesburg Dealer Principal shall serve as an ordinary member on the Executive Committee and shall be particularly involved in policy making and disciplinary matters.  

3.  Job descriptions

3.1  The duties and responsibilities of the primary officers shall be as follows:

3.1.1  Director:  The Director shall act as the Chairperson and shall uphold the Charter and the Chapter by-laws conduct and preside at meetings and coordinate all officer responsibilities. The Director is an ex-officio member of all Committees and shall have a second and casting vote at all meetings.

3.1.2  Assistant Director/s:  The Assistant Director/s, when instructed by the Director, take over the role and function of the Director in his absence and shall assist the Director in carrying out the Director’s duties.  The Assistant Director/s shall also be responsible for promoting membership, membership orientation and keeping the members informed of H.O.G. programmes.

3.1.3  Treasurer:  The Treasurer shall be responsible for all financial matters regarding membership lists and payments, appearance fees, the collection and disbursement of funds, submitting the Reimbursement Application to H.O.G. along with the required documentation; reporting all financial transactions to the Committee on a regular basis as required and submitting an annual financial report to the Chapter at its AGM and to H.O.G. This is to be done in compliance with all national and local revenue and tax law requirements.  

3.1.4  Chapter Secretary: Is the executive administrative officer and shall be responsible for all the administrative needs of the Chapter by keeping the minutes of all annual and general meetings; ensuring that all members are current H.O.G. and Chapter members, having on file a signed copy of the Annual Membership Enrolment Form and Release of each member as signed on an annual basis and submitting to H.O.G. the Chapter Constitution, and any other reports as required by H.O.G.  Furthermore, the Secretary shall assist the dealer and the director in upholding the Constitution; administer the AGM and ensure that all insurance requirements are met (including participant signatures to required release forms); shall ensure preparation of injury report forms, timely submission of injury report forms to the appropriate insurance company if required and shall be responsible for the maintenance and storage of release forms and injury reports. The Secretary will ensure that the most recent officer and address information is on file with H.O.G. and the Chapter. In circumstances where a Honorary Secretary is not appointed, the H.O.G Committee must appoint a registrar and delegate all the functions of the honorary secretary to the registrar.  If a honorary secretary is elected, the H.O.G. Committee may appoint a registrar under the auspices of the honorary secretary, to assist the honorary secretary in executing all of his/her duties.

3.2  The duties and responsibilities of the discretionary officers shall be:

3.2.1  Road Captain: Assist the sponsoring dealer and director in upholding the constitution and the Chapter by-laws. The Road Captain shall be responsible for the Chapter rides. Assists in the planning of routes for rides and keeping the members informed of all H.O.G. programs. Commands and controls all members in group rides.  Informs members of any hand signals to be used in group rides.  Assists in obtaining signed release forms for rides. Is in charge and acts as chairman of the Chapters’ marshals and is responsible for the general safety at Chapter events.

3.2.2  Deputy Road Captain / Team Leaders: The function of this portfolio is to assist the Road Captain in executing all his duties and to serve as the Road Captain in the absence of the Road Captain, when authorised by the Road captain. In the event of a Safety Officer not being elected the Road Captain shall assist with the duties of the Safety Officer.

3.2.3  Activities Officer:  The Activities Officer shall be responsible for the organization and administration of all events and rallies.  He/she must constitute and chair an Activities Committee. 

3.2.4  The Ladies of Harley Officer: shall be responsible for encouraging women members to take an active part in all activities.   

3.2.5  Editor: The Editor shall be responsible for publishing newsletters and be responsible for all other written, oral (broadcast) and electronic material for publications, e.g., press releases etc.  All Chapter publications shall be subject to approval by the sponsoring dealer prior to publication and comply with Article IX.

3.2.6  Safety Officer: The Safety Officer shall be responsible for providing members with information relating to the availability of rider training, conduct pack rider training sessions and provides motorcycle safety information to members.  Assists the Road Captain in planning routes for rides and educating members about group riding techniques. Assists in the collection of signed release forms.

3.2.7  Photographer: The Photographer shall be responsible for obtaining and organizing photographs for use in publications and history albums.

3.2.8  Historian:  The Historian shall be responsible for the preparation and maintenance of a written account of the history of the Chapter, to include officer positions, activities and membership levels and to keep and update the wall of fame. All communication to be ratified by a primary officer.

3.2.9  Marketing Officer:  The Marketing officer will oversee and develop marketing initiatives for the H.O.G. Chapter.

3.2.10  Membership Officer:  The Membership Officer shall be responsible for ensuring that all chapter members are current H.O.G. members, having on file a signed copy of the Annual Chapter Membership Enrolment Form & Release of each member as signed on an annual basis; maintains chapter membership report, providing quarterly updates to the H.O.G. office or maintaining on the Chapter Business site of www.members.hog.com.

3.3  Any officer may delegate any of his duties to a competent person, but shall stay accountable for the successful execution of that duty.

3.4  All Executive Committee members and discretionary officers will form part of the Chapter Committee. Primary offices will meet monthly.

 

Article VI – Membership

 

1.  Only paid-up members of H.O.G. may join the Chapter. An expired membership of H.O.G. automatically terminates local membership and any associated memberships.

2.  Membership may be suspended for a period, or  terminated if the H.O.G. Johannesburg disciplinary Committee (as constituted in By-Law 10),  and after a hearing as prescribed in the Chapter by-laws, determines that a member’s conduct is undesirable or contrary to the Chapter’s interest.

3.  Membership will be:

Full member:  A person shall be a full member who owns and rides a Harley Davidson Motorcycle, after paying the appropriate fees on acceptance of his membership application.  Every member shall have one (1) vote at the AGM.

Life Membership:  Life members shall have one (1) vote at the AGM. Any Full Member may become a life member by the payment of a life member fee.

 Associate Members:  Those who are partners to Full members and who have paid the prescribed fees and reduced annual subscription as the H.O.G. Committee shall from time to time decide.  Associate members shall enjoy all the privileges of Full members including the right to one (1) vote at the AGM but not the right to individual communications. 

Honorary Membership: Honorary Membership may be awarded at the discretion of the H.O.G. Chapter Committee and such person shall become a Full member. Chapter fees will not be paid but H.O.G. fees must be paid. Such Honorary membership shall be ratified at the AGM.

NOTE: All memberships are subject to the member being in good standing with H.O.G.

Ambassador Status:  Is given to a member in good standing with Johannesburg chapter, at the discretion of the committee in recognition of volunteer service of an exceptional nature.

 

Article VII - Dues / Annual Subscription

 

  1. The Chapter is an association not for gain and the H.O.G Committee, in consultation with the Sponsoring Dealer, shall establish and publish dues to be utilized solely to reimburse the cost of Chapter administration and other authorised Chapter business.
  2. The Chapter will conduct legitimate fund-raising activities or outsource such activities to assist in paying or reimbursing Chapter operating expenses. All such fund-raising activity shall be subject to approval by the Sponsoring dealer.

 

Article VIII – Activities

 

The Chapter events and activities are the sole responsibility of the Chapter.  These events and activities may include any family-orientated, safe activities that promote a positive image of the sport of Harley Davidson motorcycling and which will appeal to the Chapter membership.

 

Article IX – Publications / Communication

 

 

All material published by H.O.G Johannesburg will include the official name and number.  If, at any time H.O.G. determines with good reason that a publication is incompatible with the family-orientated, non-political philosophies and/or objectives of H.O.G., H.O.G. may recall such publication. A copy of all publications of any type must be sent to the H.O.G. office for approval as stated above. All publications /communications to be ratified by the Sponsoring Dealer prior to publication.

 

Article X - Trademark License

 

  1. The trademarks H.O.G.*, HOG*, HARLEY OWNERS GROUP*, L.O.H.*, LADIES OF HARLEY* and the following H.O.G. logos (the “H.O.G.  Trademarks”) are among the many trademarks of Harley-Davidson Motor Company. These H.O.G. Trademarks may not be altered in any way and cannot be used in combination with any other words or graphics without prior approval.
  2. The issuance or renewal of the Annual Charter for the H.O.G.  Johannesburg Chapter shall constitute a limited license to use the H.O.G.  Trademarks for the term of this Annual Charter for H.O.G. Chapters.
  3. The Chartered H.O.G. Chapter’s license to use the H.O.G. Trademarks is limited to use in conjunction with the official Chapter name and use in conjunction with material relating to Chapter activities.
  4. Chapters must obtain approval from H.O.G. Europe prior to using H.O.G. Trademarks on any material other than publications.
  5. H.O.G. or Harley Davidson Europe may, at its sole discretion, terminate the Chapter‘s limited license to use the H.O.G. Trademarks at any time upon thirty (30) days’ notice in writing, and the Chapter will immediately terminate all use of the marks when the notice becomes effective.
  6. The H.O.G. Johannesburg Chapter shall provide such assistance as may reasonably be requested by Harley-Davidson Motor Company to protect the H.O.G. Trademarks in the locality of its operations.

 

 

Article XI – By-Laws

 

  1. The Chapter Committee, in consultation with the sponsoring dealer shall make and publish by-laws that will serve as the standing operational procedures for the Chapter.  By-laws must be made available to all Chapter members. 
  2. The Chapter by-laws shall not replace, supersede or be in conflict with H.O.G. Operating Policies.
  3. These by-laws, once accepted and published can only be amended by a special general meeting (as constituted, By-Law Section 9) with a two third majority vote. 
  4. Notice of a special Chapter Committee meeting to amend the by-laws must be given (21) twenty one days in advance, to include an agenda and written notification of the amendment/s and motivations to be tabled at the special Committee meeting.

 

  

Article XII – Constitution Acceptance and Amendments

 

This Constitution was accepted and implemented at the first AGM of H.O.G. Johannesburg on 23 February 2010. Any amendments to this Constitution, duly motivated, can only be made by a two third majority vote cast in favour of such amendments, at a consecutive Chapter AGM. Any such amendments to the Constitution shall be effective immediately in the new term of office. This constitution may be amended by H.O.G. if in conflict with national and local laws.

 

 

Article XIII – Disbursement of Funds

 

In the event of dissolution or final liquidation of the Chapter, all of the remaining funds and property of the Chapter shall, after paying or making provision for the payment of all of the liabilities and obligations of the Chapter and for necessary expenses thereof, be distributed as in Article IV (4) to such organization which is operated exclusively for charitable purposes. In no event shall any of such assets or property be distributed to any member of the Chapter.

 

Article XIV – Disclaimer

 

 While the Chapter may be affiliated with H.O.G., it remains a separate, independent entity responsible for its actions.  All Harley Owners Group members and their guest(s) participate voluntarily and at their own risk in H.O.G. and Chapter activities.  The sponsoring dealer, H.O.G. and Harley-Davidson Motor Company, its subsidiaries and distributors and local Chapter officers are and shall be released and held harmless by the member/guest for any injury or loss to the member/guest or to his or her property which may result from participation in H.O.G. and the Chapter activities.  This means that each and every member of the local Chapter and their guest(s) have no ground for legal action against the sponsoring dealer, H.O.G., Harley-Davidson Motor Company, its distributors and its subsidiaries, the local Chapters and their respective agents and employees for any injury resulting to them or their property. Every member and guest participating in any Chapter event must sign an indemnity form.

 

Article XV – Applicable Laws

 

If any part of this Constitution should be invalid for any reason whatsoever under any national or local laws having jurisdiction over the subject matter of this Constitution, then that part shall be considered deleted from this constitution and the rest of this Constitution shall remain valid and in full force and effect.

 

Article XVI – Termination of Sponsorship 

 

In the event a sponsoring dealer decides to terminate or rescind sponsorship of a Chapter:

  1. Prior to the sponsoring dealer taking the required steps for termination of sponsorship, such sponsoring dealer must call a meeting of the Executive Committee in order to afford such committee a reasonable opportunity to make submissions to the sponsoring dealer as to why termination of sponsorship should not be implemented.
  2. The sponsoring dealer shall inform the H.O.G. Manager of the sponsoring dealer’s intent to cancel or terminate sponsorship fifteen days after such meeting contemplated in paragraph 1 above. Furthermore, the sponsoring dealer must provide the Chapter with written notice for termination or rescission of sponsorship.  Such notice shall be afforded by E-mail or facsimile transmission to the H.O.G. office and Director.
  3. The sponsoring dealer shall provide the Chapter with written notice that sponsorship is terminated or rescinded, setting forth the reasons for termination or cancellation.  Said notice shall be effective fifteen days subsequent to date of delivery of the notice.  A copy of the sponsoring dealer’s written notice to the Chapter membership shall be sent to the International  H.O.G. Manager.
  4. Any subsequent application by a group proposed to be sponsored by the former sponsoring dealer shall not be considered for acceptance for a minimum period of three months following the sponsoring dealer’s termination or rescission of the dealer’s sponsorship of the former Chapter.

 

Chapter Activities:

  1. A Chapter should specify whether events are ‘open’ or ‘closed’ or ‘members only’
  2. Closed Events are those chapter events that are open to chapter members and one guest per member.
  3. Member events are events that are open only to H.O.G members.
  4. Open events are those chapter events that are open to chapter members, international H.O.G members and other guests as desired.

 

Membership:  In order to suspend or revoke membership in this chapter, the Sponsoring Dealer must do the following:

  1. Notify the member in writing of the cancellation of his/her chapter membership.  Give the reason for the cancellation in clear, concise terms.
  2. Refund the member’s chapter dues for the year.
  3. Send a copy of the cancellation letter to the H.O.G manager.
  4. For chapters that are incorporated, please consult your chapter by-laws that have a special section on suspension and cancellation of membership.

 

Newsletters:  Newsletters can consist of any printed material informing the membership of activities, i.e. postcards, flyers, multi-page publications, etc. Activities listed in the newsletter must indicate whether it is an open event, H.O.G member event or closed event.

 

Chapter Status:      Any chapter which fails to conduct any events or fails to publish any newsletters may have their chapter recognition as a H.O.G affiliate organization rescinded.

 

Dues:         Annual chapter membership dues may not exceed those published on an annual basis by H.O.G Europe.

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BY LAWS

OF HARLEY OWNERS GROUP ("H.O.G.")

Johannesburg Chapter, South Africa

 

The accepted by-laws of the Johannesburg HOG Chapter, ratified on 23rd  February 2010 at the AGM.

 

1.   Structure of the Chapter Committee:

        The Committee shall be elected as in Article V of the Constitution and consist of members as nominated in Section 5.1 and elected as prescribed in Section 7, by the Chapter at its AGM.  The Past   Director,  and the Dealer Principal shall serve on the committee as ordinary members. When any position in the committee becomes vacant as contemplated in 5.2 during the term of office, or in the event of an officer not being elected into a specific position at the AGM, the members of the committee may fill the position from amongst themselves or co-opt any member to the committee to fill the vacant position. (The nominations at the AGM for the appointment of the vacant position may be called for to assist the Committee in its appointment.)  The appointment must be in consultation with the Sponsoring Dealer and by majority vote at an official Committee meeting.  The committee may appoint sub-committees and delegate any function to such sub-committee, as it deems necessary.  The chairpersons of sub committees may attend committee meetings as observers with no voting rights.

 

2.   Membership dues

2.1  The financial year of H.O.G. Johannesburg Chapter will run from January to December each year.

2.2  Members will be notified of the dues payable to the Chapter, by the Chapter administration secretary. 

2.3  Dues not paid within 30 days after expiry of Chapter membership each year will lead to automatic suspension of Chapter membership.

 

3.   Code of conduct

3.1  All members shall conduct themselves in a manner acceptable to fellow members and the public.

 

4.   Chapter Insignia 

4.1  Members must be encouraged to wear the Chapter colours during official Chapter meetings, which will include but not be limited to rides, gatherings and social activities concerning the Chapter.  The Chapter insignia when worn must be affixed to the back of a leather or other suitable jacket or waistcoat, in the prescribed manner, which is to be worn in such a way as to be clearly visible at all times.

4.2  Committee members must always set an example as in 4.1 and wear their committee position identification badge.  This is to help members identify the officers and their positions in the Chapter.

4.3  Guidelines on the use of Chapter insignia:  See Appendix B.

 

5.   Committee procedures

5.1  Committee Election procedures:

5.1.1  Nomination procedures:

5.1.1.1  Nominations must be made on the official nomination form and delivered to the H.O.G.   office before 16h00 14 days before the AGM as published.

5.1.1.2  Nomination forms must be available at the H.O.G. office at the date of notice of the AGM.

5.1.1.3  The primary officers’ portfolios cannot be combined and filled by one person.

5.1.1.4  Nominations can only be made by paid-up chapter and HOG members in good standing.

5.1.1.5  Persons nominated must be paid-up chapter and HOG members in good standing and must comply with the requirements for the position as stipulated in  5.1.2.

 

5.1.2  Portfolio requirements:

5.1.2.1  Director:

              To qualify for this position the member must be an active member of the Chapter for two years and a committee member for one year.

5.1.2.2  Assistant Director/s:

              Must have been an active member of the Chapter for two years.

5.1.2.3  Treasurer:

               Must have a sound knowledge of bookkeeping, preferably with an academic qualification in the financial field.

5.1.2.4  Chapter Secretary:

              Must have a sound knowledge of legal matters, preferably with a legal qualification.

5.1.2.5   Road Captain:

              Must have a sound knowledge of safe motorcycling, a minimum of two years marshalling experience, with advanced riding certification and should be an authoritative figure who can execute their duties in a friendly and effective way.

 

5.2  Vacation of office:

Any member shall automatically vacate his/her seat on the committee if: -

5.2.1  He/she has been absent from 3 consecutive ordinary meetings of the committee without good reason and noted apology.

5.2.2  He/she tenders his/hers resignation in writing to the Director and the Director accepts the resignation.

5.2.3  In the event of death or permanent disability.

 

5.3  Official meeting requirements:

5.3.1  The committee shall meet at least 6 times per annum. 

5.3.2  Official notice of meetings must be given 14 days in advance of meeting.

5.3.3  All meetings will be conducted under the rules of debate as set out in section 6.

 

5.4  Quorum of Committee meetings:

        The quorum of all committee meetings shall be 50% + 1. If no quorum is attained after 15 minutes from the commencement time, a new meeting date shall be set, which new meeting shall take

        place within 14 days.

 

5.5  Executive Committee:

       The Executive Committee shall consist of all elected primary officers:  Director, Assistant Director/s, Treasurer, and Chapter Secretary. If so elected, the Road Captain shall also form part of the Executive    Committee.     All   decisions made by the Executive Committee are immediately effective, but must be ratified at the next full committee meeting.  The Executive Committee can meet to attend to any urgent personnel, financial and administrative matters relating to the Chapter.

 

6.   Rules of debate: -

6.1  The director or his/her nominee shall preside at all meetings.

6.2  Proper minutes must be kept of all meetings.

6.3  Any matter to be discussed must be placed on the agenda.

6.4  Matters to be discussed must be in the form of a written motion/ recommendation put by a proposer and duly seconded.

6.5  Only one motion / recommendation can be discussed at any time.

6.6  The chairman must read the motion/recommendation to the meeting before debate for or against a motion / recommendation is allowed.

6.7  An amendment to a motion / recommendation shall be relevant to the motion / recommendation. It is not intended to amend and shall not alter the original motion / recommendation in such a way as to make it essentially a new motion / recommendation.  As such an amendment shall be so framed as:

  •        to add or insert certain words.
  •        to omit certain words.
  •        to omit certain words and add /or insert others.

6.8   No motion / recommendation or amendment shall be withdrawn after being read by the chairperson except by leave of the meeting and the proposer.

6.9   The seconder of the motion / recommendation or of an amendment may reserve his/her right to speak on the matter for any stage of the debate.

6.10  If an amendment is proposed it shall be taken to the vote before another amendment shall be considered.

6.11  Should the vote on the amendment be negative, the original motion / recommendation shall then be put to the vote.

6.12  If an amendment is carried, it shall be regarded as a substantive motion / recommendation and become the decision of the meeting.

6.13  When a motion / recommendation is under debate, no other motion / recommendation shall be received except under one of the following circumstances:

          6.13.1  An amendment namely “That the motion / recommendation be amended as follows.”

          6.13.2  The closure of the debate namely “The matter be put to the vote.”

          6.13.3  A call for more information.

          6.13.4  Objection to the validity of the process in progress.

6.14  When a matter is put to the vote the Chairperson having first ascertained the number of members eligible to vote shall ask for a show of hands (or vote by ballot) for or against the motion / recommendation or amendments and shall then declare that the motion / recommendation be accepted or rejected.

6.15  The accepted motion / recommendation must be directed to and executed by the appropriate person/body mentioned in the motion / recommendation.

 

7.   AGM Committee Election Procedures  

7.1   The Director shall preside at the election of the new committee except for the election of the position of the Director, where the Assistant Director/s shall preside for the duration of the election of the Director.

7.2   The Director / Chairman shall appoint two (2) independent scrutinizers to monitor the election. They should not be committee members.

7.3   Members will be furnished with information on the portfolios of the committee to be elected.

7.4   The duly nominated persons’ names will  be noted on preprinted ballot papers from which list the members are to select their choice of candidate for the position by marking an X alongside the   mane chosen.

7.5   At the end of the proceedings, the ballot papers will be collected and an independent count made.  The ballot papers must be returned and be kept for a period of two months. Any challenge to an appointment of a new committee member must be lodged within such two month period to the H.O.G. office.

 7.6   If only two members are nominated, the voting on the first ballot shall be final except in the event of an equal number of votes received by both nominees.

7.7   If more than two persons are nominated, the candidate obtaining the lowest number of votes at the first ballot shall be eliminated and thereafter successive ballots shall be taken and candidates eliminated until only 2 remain when the ballot shall be final, except in the case of an equal number of votes, whereupon a further ballot shall be taken and, if that be indecisive the election shall be decided by drawing lots.  The names will be placed in a container and a draw will be made.  The name drawn will be the person taking up the said portfolio. 

7.8   Every vote given at such a ballot for any person who has not been nominated shall be invalid.

7.9   Any ballot paper not conforming to 7.4 will be declared a spoiled paper.

7.10  A person may only represent one (1) other person by proxy vote at any meeting.

 

8.    AGM

8.1  An Annual General Meeting must be held before March each year.

8.2  A quorum for the annual general meeting shall be a minimum of 30 members of the Chapter who are in good standing. In the event of a quorum not being present within half an hour from the time that the meeting is to commence, the chairperson may, after satisfying himself that proper notice has been given to members in terms of the Constitution, adjourn the meeting for an additional half an hour.  If a quorum is not present after the postponed time the chairperson must postpone the meeting to a new date within 30 days.  Immediate notice must be given to all members of the new AGM date.  If a quorum  is not present at the postponed meeting an additional half hour shall again be granted to try and accumulate a quorum, where after the members then present, shall be deemed to constitute a quorum.

8.3  A register of proof (confirming Chapter and international membership status) must be present at the AGM and must be signed by every member intending to vote at the AGM.

8.4  Proxy votes must be handed to the registrar not later than 30 minutes before the commencement of the meeting. 

 

9.    special General Meeting

9.1  A Special General meeting shall be called by the Chapter Secretary / registrar if requested by the Committee, or requested in writing by any 10 Chapter Members in good standing for a specific resolution, stating the resolution and motivation for which the meeting is to be called.

9.2  At least fourteen (14) calendar days notice must be given of such meetings stating the time and place, and reason for the meeting as well as the resolution to be tabled at the meeting.

9.3  A quorum for a Special General Meeting shall be 30 members of the Chapter in good standing.

9.4  Any resolution placed before a Special General Meeting shall be accepted or rejected by a simple majority vote and the Committee shall be obliged to give effect to such a resolution, provided such act  is not unlawful or contrary to the Constitution.

9.5  The Constitution may not be amended by a special general meeting, and can only be amended at the  annual general meeting. Chapter by-laws and marshals by-laws may be amended by Special General Meeting.

 

10.   disciplinary procedures:

10.1  Any complaint received in writing at the H.O.G. Chapter office regarding any alleged misconduct of any HOG Chapter member(s), must be investigated and dealt with by the Disciplinary Committee, which shall be the Executive Committee, in the following manner:

10.2  The Committee must evaluate the complaint in order to establish whether there exists a prima facie case of misconduct against the respective member.

10.3  In the event that the committee is of the view that a prima facie case exists, the committee must inform the member, in writing, of the complaint within seven (7) days of receiving such complaint. The committee must request the member to furnish the committee, in writing, within 14 days of receiving notice of such complaint, a written response wherein the member may either admit or deny all or part of the allegations contained in the complaint and substantiate such response with appropriate reasons.

         10.3.1  In circumstances where the committee receives such response, or, alternatively receives no response, in the stipulated time period, the committee must decide, within seven (7) days, whether to proceed with disciplinary proceedings, as stipulated herein under.

10.4  If the committee decides to pursue disciplinary proceedings against the member, the committee must, within seven (7) days issue the member with a notification to attend a disciplinary hearing, which notice must contain the following details/information:

  •      Date, time and venue of the hearing
  •      Details of the allegations against the member
  •      The member is entitled to representation by a fellow HOG member only.
  •      The member is entitled to call witnesses
  •      The member is entitled to an interpreter
  •      The member is entitled to cross-examine any witnesses called by the complainant/committee.

10.5  The member must be afforded at least 7 days notice of such disciplinary hearing.

10.6  The disciplinary committee will appoint an independent chairperson, which disciplinary hearing may not be chaired by any person who has been involved in the complaint or investigation thereof.

10.7  In circumstances where the member is found guilty on any one or more charges, of which he/she should be informed of in writing, the hearing should be rescheduled in order for the member and/or complainant to submit any mitigating and/or aggravating circumstances, prior to the chairperson determining an appropriate sanction. The member should be afforded at least 7 days notice of such hearing.

10.8  The chairperson must advise the member and the committee, in writing, of the outcome of the disciplinary enquiry and the sanction imposed.

10.9  The chairperson will be entitled to impose the following sanction(s), where appropriate:

  •         Temporary suspension of membership, up to a maximum period of 12 months;
  •         Expulsion from Harley Owners Group Johannesburg permanently
  •         Issue a warning to the member. ( first point )

10.10  Any member against whom a finding has been made, during a disciplinary hearing, may appeal, in writing to the Committee, against the finding(s) of the Chairperson, as prescribed, within fourteen (14) days of being notified of the outcome of the hearing.

10.12  Within seven (7) days of receiving such an appeal, the Committee must schedule an appeal hearing. The member must be afforded at least seven (7) days notice of such appeal.

10.13  The chairperson of the appeal hearing must not have any prior involvement in investigation or disciplinary and must be considered independent by the plaintiff.   And should preferably be a person with legal experience.

10.14  The appeal hearing will be conducted as follows:

            10.14.1  The member will make verbal and written submissions in support of the appeal, and may submit evidence not previously submitted, in mitigation;

            10.14.2  If the Committee opposes the appeal, the Committee must respond to the  member verbally

            10.14.3  The member may reply to decision of the Committee.

            10.14.4  The chairperson must make a written finding on the appeal within seven (7) days of the appeal      hearing and forward such find to the Committee and member.

 

11.   Communication

11.1  SMS: To be used when as and when necessary to inform, advise and remind general members, committee members and officers about events and activities

11.2  Hotline:  To be compiled and recorded by the administration secretary, or nominee, after consultation with the Road Captain and Activities Officer and updated on a weekly basis before Wednesday 12h00.

11.3  E-mail: To be sent by the Chapter Secretary or administration secretary communicating on all matters pertaining to Chapter activities as soon as information is available for dissemination.  The newsletter to be circulated simultaneously with the updated Hotline information.

          

12.   road safety

12.1  Every member participating in an official Chapter ride shall be under the direct instruction of the Road Captain.  No person may give any instructions concerning the ride without consultation    with the Road Captain who will officially inform all members participating in the ride of the alternative riding arrangements.

12.2  In the event of the Road Captain not being able to fulfill his duties he must delegate his duties to the deputy Road Captain, or similarly capable advanced rider and marshal

12.3  The Chapter Committee, in consultation with the sponsoring dealer, shall make and publish Rules and Regulations for Road Marshals’ By-laws that will serve as the standing operational procedures for the Marshals. 

 

13.   Dispute resolution

13.1  If a dispute arises between members, a mediator will be appointed.

 

Many Thanks

The H.O.G Johannesburg Family