Headwaters
Amateur Radio Club of Montana
Constitution and By-Laws
HEADWATERS AMATEUR RADIO CLUB of Montana , Inc. Constitution
Preamble
We, the members of the HEADWATERS AMATEUR RADIO CLUB of Montana, hereafter referred to as “the Club,” establish this organization to unite individuals with a shared interest in amateur radio in Gallatin County and Montana for individual and public use, do hereby ordain and establish this Constitution. Our purpose is to encourage the exchange of information and cooperation among members; to promote interest in amateur radio in the general community; to develop individual technical proficiency, to create networks to provide electronic communications during disasters or emergencies when called upon by proper civil, federal, or military authority; and conduct programs and activities that advance the general interest, awareness and welfare of amateur radio. This endeavor also includes participating in public safety emergency preparedness drills, fostering an interest in national and international amateur radio related sporting events, promoting the development of the radio art, supporting education in electronic communication, and conducting research and development to further electronic communication. The Club will strive to disseminate technical, educational, and scientific information related to electronic communication and encourage cooperation to enhance radio knowledge, operational efficiency, and camaraderie among members.
This Club is organized exclusively for charitable, educational, scientific, and public safety purposes relating to amateur radio within the community and the State of Montana within the meaning of Section 501(c)(3) of the Internal Revenue Code or any corresponding section of future federal tax codes.
Article I: Membership
All persons interested in amateur radio are eligible for membership and must agree to adhere to the Constitution, By-Laws, and any rules established by the Club.
The amateur radio service is for qualified persons of any age who are interested in radio technique solely with a personal aim and without pecuniary interest. (47 C.F.R, Part 97)
Membership shall not be denied because of race, creed, color, gender, sexual
orientation, political affiliation, marital status or any other reason considered to be prejudicial.
An amateur radio License is not required for Club membership.
Membership applications, available from the Secretary, must be submitted at a regular meeting. Membership regulations shall be provided in the By-Laws.
Approval for membership requires a simple majority vote of Eligible voters Attending or casting absentee ballots. Each member of a family membership must complete a membership application.
- Founding Members: These members are in good standing, must be currently licensed amateur radio operators and are granted full voting privileges. Dues of $150.00 pays for first year of membership, a T-shirt, and a certificate noting Founding Membership.
- Regular Members: These members must be currently licensed amateur radio operators and are granted full voting privileges.
- Family Members: These members are also currently licensed amateur radio operators who reside in the same household and are related to a Regular Member. They, too, have full voting privileges.
- Associate Members: Any individual interested in amateur radio may become an Associate Member. FCC licensing is not required for Associate Members. However, Associate Members do not have voting privileges.
Article II: Officers
Section 1:
The officers of the Club consist of the President, Vice President, Secretary, Treasurer, Public Relations/Social Media Manager, Trustee, and two Club Stewards. Collectively, these officers form the Executive Committee.
Section 2:
A candidate for office or chairmanship of a committee in the Club must be a member, hold a current FCC amateur radio license and be over 18 years of age.
Section 3:
Officers shall be elected for a term of one year by ballot by a majority of the Eligible voters Attending at a regular meeting, provided there is a Quorum attending. Officers will be nominated at the regular November meeting and elected at the regular December meeting. They will assume the duties and responsibilities of their office on January 1st.
Section 4:
Officers may resign by submitting a letter to the Secretary or Treasurer, or by announcing in person at a regular Club meeting. At departure from office for any reason, every Officer shall return all Club property, document archives, account privileges, passwords and documents to the Club in care of the successor Officer or another remaining or successor Executive member at or before the next regular meeting.
Section 5:
Officers may be removed from office at a regular or special meeting by a two-thirds vote of the Eligible voters Attending, provided a quorum is present.
Article III: Elections
Section 1:
Officers are elected annually by ballot at the December regular meeting, assuming a quorum is present. The term of office begins on January 1st, except for the Trustee whose term aligns with the Club license. Club Stewards are elected biannually, with elections alternating each year.
Ballot Format:
Candidates for each office are listed on the ballot in alphabetical order. If only one nominee exists for each position after nominations close at the November meeting, a motion may be made for the Secretary to cast a single vote for all uncontested positions at the December meeting. If any position has multiple nominees, a printed ballot must be used for the election.
Section 2:
Officers may be removed by a two-thirds (2/3) majority vote of Eligible voters Attending, provided a quorum is present.
Section 3:
Vacancies in offices occurring between elections must be filled by special election at the first regular meeting following the meeting at which the vacancy is announced. Election shall be by a vote of a majority of the Eligible voters Attending.
Section 4:
All officers serve the current term and become term-year members of the Club.
Section 5:
The incoming Trustee is nominated by the President and must be approved by a majority vote of the Eligible voters Attending at a regular meeting. The Trustee’s term aligns with the duration of the Club license as noted by FCC ULS. If the Trustee terminates the position, thirty days’ written notice to the Executive Committee is required.
Article IV: Duties of Officers
Section 1: President
The President presides over all Club meetings, ensuring proceedings follow established rules. Responsibilities include enforcing the Constitution and By-Laws, deciding questions of order, signing official Club documents, and performing customary presidential duties. The President, Secretary, and Trustee formalize agreements regarding access, liability, and operations for Club repeater and storage locations. Additionally, the President and Club Stewards serve on the Financial Auditing Committee, and the President may create committees and subcommittees as needed.
Section 2: Vice President
The Vice President presides in the President’s absence and ensures accurate meeting minutes are recorded and distributed when the Secretary is unavailable. The President and Vice President are a team working closely together to achieve the goals of the Club. The Vice President, Treasurer, and Trustee comprise the Equipment Inventory Audit and Control Committee.
Section 3: Secretary
The Secretary presides over meetings when both the President and Vice President are absent. Duties include maintaining the Club’s Constitution and By-Laws, acting as Club Parliamentarian with a current copy of Robert’s Rules of Order, recording meeting minutes, member meeting attendance, handling correspondence, maintaining files for correspondence, meetings, records of membership, and notifying members of all meetings. The Secretary ensures the Club maintains adequate liability insurance for officers, members, and activities.
Section 4: Treasurer
The Treasurer manages all Club finances, including dues and other income, and maintains an up-to-date cash accounting system. Responsibilities include handling banking, tax reporting, and filing required non-profit forms with the IRS by May 15th each fiscal year. The Treasurer is the custodian of the Club’s checking account, oversees all disbursements, submits written financial reports every month, coordinates annual and quarterly financial audits, and prepares an annual budget for membership approval by the February meeting. The Treasurer maintains a detailed list of Club property(Model/Serial #, Date in Service, how obtained-donation/purchase). The Treasurer organizes, keeps records of and provides receipts for membership dues collected from members and reports those members in arrears on dues to the Secretary. The Treasurer, Vice President, and Trustee serve on the Equipment Inventory Audit and Control Committee.
Section 5: Public Relations/Social Media Manager
The Public Relations Officer will support and coordinate Club publicity, promote the Club to potential members, advocate for current members to other members and to the Executive Committee and provide monthly reports to the Club. Public Relations Officer will maintain the Club website and website server, and/or act as Webmaster. The Webmaster may also be a Club member volunteer directed by the Executive Committee. The Public Relations Officer is responsible for preserving and compiling Club records pertaining to the Club’s Social Media and website. The Public Relations Officer will maintain a list of members who Opt-Out/object to photo/video media usage and may perform additional duties as directed by the Club, Executive Committee, or President.
Section 6: Club Trustee
The Trustee must hold a valid Amateur Extra Class Operator License to maintain the Club’s call sign (X7XX). The Club Trustee is nominated by the President. If FCC requirements change, the Trustee position is open to candidates meeting the new license criteria. The Trustee is responsible for licensing and operation of all Club stations, ensuring compliance with all applicable regulations. The Trustee oversees Control Operators, maintains the Club’s FCC license at each station, and possesses the latest FCC Rules. The Trustee maintains Club stations and develops operational policies, subject to membership approval. The Trustee, Vice President, and Treasurer are members of the Equipment Inventory Audit and Control Committee. The Trustee can terminate Club station operations to resolve regulatory violations. The Club call sign shall not be reassigned or transferred without Executive Committee and membership approval, and in case of Trustee termination, the call sign remains with the Club. The outgoing Trustee provides the original FCC license to the Vice President, who, with the incoming Trustee, completes FCC paperwork for call sign and station responsibilities.
Section 7: Club Stewards
Club Stewards serve as guardians of the Club’s financial resources, reviewing financial statements, monitoring cash transactions, and identifying any irregularities. They conduct quarterly audits of all Club finances and highlight or recommend solutions to resolve inefficiencies or inadequate protection of the Club’s finances to the Executive Committee. Their audits cover all financial activities, including fundraisers, public service events, and other transactions. If expertise is lacking, Club Stewards may arrange for private accounting firms to conduct audits and are responsible for reviewing auditor reports. Quarterly audits are mandatory. Club Stewards do not have management authority nor hold property in their names and may not serve on committees handling Club funds, though they may volunteer for roles not involving finances. If Club Stewards fail to carry out these duties properly, the Club President is authorized to appoint a special auditing committee as an emergency measure. Their vigilance helps maintain the integrity of the Club’s financial operations.
Article V: Meetings
Regular and special meetings are held in accordance with the By-Laws.
Article VI: Dues
The regular dues for the following year must be set by resolution at the December meeting of the calendar year. The term of membership shall commence upon the acceptance of an individual into the Club, following a vote by the membership. The annual membership period will be based on the date of acceptance. Members shall be notified of the upcoming renewal of their membership at least one (1) month prior to the renewal date. Membership renewals will be automatically processed on the anniversary of the member’s acceptance into the Club. The member’s membership dues for the subsequent year shall be due on the anniversary of their initial acceptance. Membership dues, once paid, are non-refundable under any circumstances. A member who elects to cancel their membership before the expiration of the current annual membership term shall not be liable for dues for the following membership year. However, no refunds will be issued for the current membership year.
Non-payment of such dues, within 30 days of the anniversary membership acceptance, shall be cause for loss of Club membership and voting power.
Article VII: Amendments
Amendments to the Constitution or By-Laws require a two-thirds (2/3) vote of Eligible voters Attending present at a regular meeting, provided a quorum is present. Proposed amendments must be submitted in writing at a regular meeting and voted on at the subsequent regular meeting, following notification of all members by mail and/or email about the intent to amend.
Article VIII: Club Property, Brand, and Reputation
Section1:
No person(s), member(s), Officer(s), other club(s), association(s), organization(s) or business(s), etc., shall use the HEADWATERS AMATEUR RADIO CLUB of Montana, Club logo, motto, equipment or other resources for the purpose of obtaining personal or business benefit in the form of monies, status, reputation, etc.
Section 2:
Internet domains, web/email accounts, trademarks, copyrights and other digital accounts obtained or operated on behalf of and in the name of the Club shall be considered Club property rather than the property of those who organized these accounts and activities on behalf of the Club and any expenditures in organizing these accounts and activities that were not pre-approved for reimbursement by the Executive Committee shall be considered donations to the Club.
Section 3:
Officers and members may not commit Club monies or resources to any purpose without prior approval of the Executive Committee. Expenditures made in advance of such approval may be deemed donations and may not be reimbursed without Executive Committee approval.
Article IX: Voting
Section 1:
Those Eligible to Vote in elections and membership votes include paid members in good standing with the Club and have registered a valid email address with the Club Secretary for purposes of receiving notifications of meetings and voting.
Section 2:
For purposes of establishing a Quorum, a count of those Attending for an election or vote shall include all of those members Eligible to Vote who are physically present plus additional members Eligible to Vote that are Attending by conference call or video call.
Section 3:
A Quorum shall exist where an affirmative vote of the majority of members who are Eligible to Vote are Attending as defined herein as Eligible voters Attending. The Secretary shall take count and record the count of those Eligible voters Attending who comprise the Quorum for any vote. Certain votes, as defined herein, may require a participation in excess of a Quorum.
Section 4:
Ordinary Club business including elections of Club Officers, approval of expenditures and general issues presented for a membership vote by the Executive Committee may be approved by a simple majority vote of Eligible voters Attending.
Section 5:
Approval by 67% or more of those Eligible voters Attending is required to remove an Officer, revoke a membership, or to amend this Constitution and By-Laws.
Section 6:
Approval by 67% or more of those Eligible voters Attending is required to vote to Dissolve the Club and select one or more charitable institutions to receive Club assets upon dissolution. Thus, participation in the vote by more than the usual Quorum is required for such a vote.
Section 7:
In every vote, members shall be permitted to vote YES, NO or ABSTAIN. The total of votes cast shall include ABSTAIN votes. The percent approving shall include only YES votes.
Section 8:
Candidates for Club Officer/Executive Committee positions are offered for election after nomination by any one Eligible voters Attending and seconded by another Eligible voters Attending. Nominations are organized by the Secretary.
Article X: Dissolution
Section 1:
If a majority vote of the Executive Committee votes to recommend that the Club be dissolved, then the Secretary will be so notified. Upon such notification, the Secretary will organize a vote per Article IX to obtain the required membership participation and approval to dissolve the Club and to approve the Executive Committee’s recommendation of one or more charitable institutions to which to donate the net assets of the Club (The remaining assets after all payments of any outstanding debts).
Section 2:
If the dissolution is approved by the membership then the Executive Committee will handle the notification of members, the ARRL, affected institutions and accounts. The Executive Committee will manage the payment of outstanding debts and commitments and will administrate the disbursement of all the assets of the Club to the non-profit organizations approved by the membership. Members may oversee this process as witnesses.
Section 3:
No member of the Club shall receive any benefit from the net assets of the Club.
Section 4:
Assets may be disposed of by direct donation, as in the donation of radio equipment to a non-profit amateur radio related organization and/or by sale or auction with the proceeds donated to those non-profit organizations approved by the membership.
Section 5:
The Treasurer will record details, the final disposition of assets and accounts and distribute a final report to members.
Section 6:
Any assets not disposed of by the Executive Committee shall be disposed of by the State of Montana First Judicial District Court in and for the County of Gallatin exclusively for the purposes described above or transferred to an organization or organizations the Court determines, is or are organized and operated exclusively for these purposes.
By-Laws
Section #1 – Constitution
It shall be the duty of the Secretary to keep a current copy of the Constitution and By-Laws of the Club and to make a copy available to all new members.
Section #2 – Membership
A prospective member is eligible to apply for Club membership after attending three Club functions. An applicant for membership shall submit a written application form to the Secretary of the Club. After Executive Committee review, the membership will vote on the application at the earliest general Club meeting.
Application for membership must be approved by a majority vote of the Eligible voters Attending at a general Club meeting. Membership begins once approved by the Club and dues are paid. Membership is based on 12 month calendar year. Any member may be ousted by a two-thirds vote of Eligible voters Attending.
Section #3 – Meetings
Regular meetings shall be held once each calendar month at such place as the President shall order. The Executive Committee may temporarily change the meeting date at their discretion, provided the membership is notified either by mail (email), radio, or by phone at least 24 hours before the meeting date. If, in the opinion of the President, holding the meeting would present a safety risk to the membership, such as might be the case during inclement weather or other state of emergency, the President shall have the authority to cancel the meeting. In the event of cancellation, the membership shall be notified by phone, radio, and/or email as soon as possible and such notification shall be effectuated by a process to be defined by the President. The Executive Committee does then have the option to reschedule the meeting as provided for above. The Club meetings shall use Robert’s Rules of Order if no other rules have been specifically established by the membership.
Special Meetings can be called by the President at the request of a majority of the Executive Committee or at the request of five Eligible to Vote members. Notices shall then be mailed/emailed to all members indicating the time and place for the special meeting and the business to be transacted so that the notices shall arrive by mail at least 24 hours before the time of the meeting set forth therein. All Eligible to Vote members have the right to vote but must be delivered to the secretary before the time of the special meeting. Only business set forth in the notice may be transacted at the special meeting.
Section #4 – Dues
The annual dues for all members are currently $25.00 for a Regular and Associate membership and $35.00 for a Family membership (more than one amateur) in a household. If the dues are not paid within 30 days of the anniversary of membership acceptance, the member(s) shall be dropped from the membership roles. The amount of the dues may be changed at any regular or special meetings by a simple majority of the members present, an amendment to the By-Laws shall not be required. Dues may be forgiven on a permanent or temporary basis by a majority vote of the members present at a general Club meeting.
The Treasurer shall deposit all dues, donations, interest earnings, and other revenue generated by the Club in the General Fund, unless specifically directed to do otherwise by a majority vote of the membership at a regular meeting or requested to do otherwise by the donor of funds. Donor-designated contributions may be considered by the Executive Committee; however, the Committee retains authority to allocate all or part of such funds to general operating needs when necessary. The designated liaison shall communicate with the donor, in writing, to discuss any required adjustments and ensure transparency regarding the use of funds.
Section #5 – Club Call Sign
The Club maintains a Club call sign as provided by FCC rules Part 97. Club President nominates trusteeship of Club call sign who is a member in good standing, meets FCC requirements and not had his/her amateur radio license revoked or sanctioned at any time. Use of the Club call sign must be approved in advance by the Trustee and is subject to FCC rules Part 97.
Section #6 – Proposals for Donation
Any proposal for action by HARCMT which would involve a transfer or expenditure of club monies in excess of $100, real property or intellectual property including FCC licenses to benefit another club or organization must be submitted in writing to the HARCMT Vice President. The Vice President will examine the proposal and present it to the Executive Committee. The Executive Committee will review the proposal with regard to the best interests of the club, and upon due consideration cast a simple majority vote to either recommend to membership or reject the proposal. The Vice President will then have the duty to present a recommended proposal to the membership at the next regular meeting as a motion subject to the regular rules of business as per the rules of order. The membership will then vote whether to accept or reject the proposal of the Executive Committee. It shall be at the discretion of the Vice President to determine if any offered amendments to the Executive Committee’s motion require the issue be returned to the Executive Committee for further review.
Section #7 – Financial Signatory
The Treasurer should be designated as a signatory on the bank account along with at least one other Executive Committee member to ensure proper oversight and accountability. Signers on the bank account and other financial resources, will be two non-related members of the Executive Committee, excluding the Trustee and Club Stewards.
Section #8 – Third-Party Equipment
The Club shall not conduct official Club business on third-party owned or operated FCC Part 97 equipment or systems.
The undersigned, being the officers of the HEADWATERS AMATEUR RADIO CLUB of Montana, do hereby certify that the foregoing Constitution and By-Laws were duly adopted and amended by the required vote of the Club’s membership at regular meetings held on the nineteenth day of January, 2026.