Bylaws of 10BitWorks Hackerspace 501(c)(3)

 

Since Oct 2011 we have been recognized as a 501(c)(3) non-profit in Texas. What follows is a draft of our bylaws. It has been cut and pasted from sources around the internet. We do not intend for it to be this big/long and want to whittle it down to just what is necessary for a non-profit and its members to get along. …perfection is finally attained not when there is no longer anything to add, but when there is no longer anything to take away…

Please leave your comments and thoughts about these bylaws below so that we can begin the discussion.

Bylaws of 10BitWorks Hackerspace

Article I – Identity
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Section 1: The official and legal name of the Organization shall be 10BitWorks Hackerspace hereinafter referred to as “the Organzation”.

Section 2: The Organization is formed exclusively for educational purposes within the meaning of section 501(c)(3) specifically in the instruction of the public on subjects useful to idividuals and beneficial to the community. The Organization exists as a shared space offering tools and collaborative opportunites in the domains of engineering, science, design, and art. The activities of the Organization will consist of: Providing access to otherwise inaccessible resources such as tools of the electronics and computer science fields; Mentoring and training in the use of these tools; Promoting applications of the engineering, science, design, and art domains towards the benefit of the local community.

Section 3: The initial registered agent is an individual resident of the State of Texas. The business address of the initial registered agent and the initial registered office is 1020 Roosevelt San Antonio, TX 78210.

Article II – Membership
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Section 1: Membership is open to the general public. In order to be a member, a person must support the purpose and goals of the Organization; must sign a waiver of liability; must provide government-issued photo identification to at least two members of the governing body at the time of signing the waiver; and must provide a mailing address or electronic mail address for the purpose of receiving official notice of yearly membership meetings.

Section 2: Membership status is good for one year and benefits include: weekly access to the space and tools on a regularly scheduled open day; eligibility for additional access to the space and tools in exchange for a donation schedule established between the Organization and the individual member; eligiblility to vote on any issue put before the membership; eligibility to vote for officers, directors, or other administrative positions within the Organization; eligibility for all group discounts and promotional offerings from sponsors as offered to and agreed on by the Organization.

Section 3: A member may lose all benefits and membership status before their year is up if they are not in good standing with the Organization. To stay in good standing, members must not sabatoge the Organization’s goals or objectives. At the time a member’s eligibility expires without renewal, one must forfeit their method of entry and all property on loan from the Organization itself or from other members of the Organization.

Article III – Governing Authority
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Section 1: Management of the affairs of the Organization is to be vested in its members. Administrative positions may be established as needed to perform certain functions of the non-profit. Any member in good standing is eligible to fulfill a position. Candidates and positions will be voted on quarterly or semi-annually. Suggested positions include: the sysadmin who shall be responsible for maintaining the Organization’s nonprofit status and role in the community; the secadmin who shall be responsible for developing the Organization’s rules; and the auditadmin who shall be responsible for recording the Organization’s activities and producing such records for public consumption pursuant to state and federal non-profit law.

Section 2: Issues subject to a vote of the membership include, but are not limited to, project funding, resource purchases, and amendment of these bylaws. A quorum shall require at least 51% of the existing membership on the day of the vote. For the purposes of calculating the quorom, properly submitted proxy statements by members shall count as attendance. Any member may submit an issue for vote by the membership, unless the issue is specifically enumerated in the bylaws as something subject to the vote of the board of directors. To be properly submitted for a vote the issue must be submitted in written form to the board of directors at least seven days before the next meeting. An e-mailed statement of the issue shall be considered written submission for the purpose of this rule. Notice of all issues properly submitted for vote by the membership shall be given to all members no later than five days before the next meeting. To vote on a matter by proxy, a member must provide written or e-mailed notice to the board of directors at least twenty-four hours before the meeting. The notice must state the member’s intent to vote by proxy on an issue and state one intends to vote on each issue. A simple majority vote shall ratify any issue put before the membership for a vote.

Section 3: Yearly meetings for the Organization shall be held time, and place determined by the members. Each regular meeting shall address the any, if at all, elections of administrative positions within the Organization and any issues placed before the membership pursuant to the proposal and voting rules setforth in Article II, section 2. Notice of regular meetings shall be sent to all members to the addresses they have on file with the Organization at least two weeks beforehand. Notice of meetings shall also be posted at the Organization’s registered location. Meeting procedure shall follow the MIBS Simplified Rules of Coordinated Consensus Through Chaos or other procedures which produce short, efficient meetings.

Article IV – Tax-Exempt Status Provisions
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Section 1: No part of the net earnings of the Coporation shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and disributions in furtherance of the purposes set forth in Article I, section 2. No substantial part of the activities of the Corporation shall be the carrying on of propoganda, or otherwise attempting to influence legislation, and the Corporation shall not particiapte in or intervene in, (including the publication of distribution of statements) any political campaign ob behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of this certificate of formation, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of the any future fedreal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.

Section 2: Upon the dissolution of the Corporation, assests of the Corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by a court of competent jurisdiction of the county in which the principal office of the Corporation is then located, exclusively for such purposes or to such organization of organizations as said Court shall determine, which are organzied and operated exclusively for such purposes.

Article IV – Sponsors
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Sponships levels may be established by the Organization and voted on by members. In return for a donation to the Organization and according to the sponsorship levels established, sponsorship benefits might include rental of the space to host events related to the goals of the Organzation, use of tools during an event hosted by the Organization, and remote talks and demonstrations.