EMC – Rules of Operation
Entertainer Motorcoach Council Mission, Standing Rules of Operation, Bylaws, and Governing Structure
The Entertainer Motorcoach Council (“EMC”) is an organization of responsible operators and leasers of high quality and professional motorcoach service in North America. These services are generally provided for the entertainer market, specifically those needing tour accommodations while they travel on the road from one performance venue to another. As such, entertainer motorcoaches are commonly characterized by sleeper berths, showers, eating areas, satellite televisions, and other luxury amenities.
I. Mission and Purpose
The mission and purpose of the EMC are to:
A. Inspire a level of confidence in the safety, reliability, and quality of service for the operations of entertainer coaches employed on a charter or lease basis;
B. Advise members on best practices and methods to improve safety performance and compliance with federal laws;
C. Develop training seminars, educational programs and training materials on safety and compliance practices in the bus and motorcoach industry;
D. Provide a forum for entertainer coach operators to collectively discuss issues of importance; and,
E. Actively promote the high quality services of EMC members.
II. Affiliation, Oversight, and Administration
A. The EMC is affiliated with the American Bus Association, Inc. (“ABA”), but membership in the EMC is not limited to ABA member companies or their employees and is open to all persons who are interested in and employed in positions related to the entertainer motorcoach industry.
B. ABA shall provide administrative support and pay the administrative expenses of the EMC and shall maintain the administrative offices and records of the EMC at ABA’s headquarters.
III. Membership
A. Membership in the EMC is open to motorcoach operators and manufacturers who own, produce, operate and/or lease luxury motorcoach vehicles that include sleeper berths and other amenities, and are commonly known as entertainer motorcoaches.
B. There are three (3) classes of membership in the EMC:
1. Bus or motorcoach operators (herein referred to as “operator members”), may be designated representatives of a bus or motorcoach company or industry trade association. Bus industry association representatives are voting members; however, they are not eligible for positions as Executive Committee Officers or to Chair Standing Committees;
2. Suppliers and manufacturers of goods, equipment or services to the entertainer motorcoach industry. Supplier members are non-voting members of the EMC;
3. Bus Leasing Agents are providers of entertainer motorcoaches that are available for lease, but may not be the direct owner or provide company-employed drivers to operate the vehicles. Bus Leasing Agent members that do not operate motorcoaches are non-voting members of the EMC;
C. Each bus operator may have one vote in the affairs of the EMC, including the nomination of Officers and Board of Directors as provided herein. Only one individual member per each bus operator company may vote on any given question brought forward during a meeting of the EMC membership. The Executive Director shall compile and maintain a current roster of voting members.
D. All members are required to commit to meet an operational safety and service standard as established by the EMC Board of Directors. If a member fails to meet these established standards, the Board of Directors in its sole discretion may provide an appropriate period of time to correct identified deficiencies or it may revoke the membership privileges of that member.
IV. Governance
A. The business of the EMC shall be governed by a Board of Directors. All matters involving any expenditure of money, external affairs, or statements of policy, however, shall be subject to joint review and prior approval by the EMC and ABA.
B. The Board of Directors shall be comprised of the following voting members: two (2) Officers of the EMC (Chairman and Vice Chairman), seven (7) motorcoach operator members and the EMC Executive Director. The members of the Board of Directors shall be elected by the other members at a regular meeting of the EMC. The Executive Director of the EMC shall be appointed by the ABA. In addition, the Immediate Past Chairman of the Executive Committee shall be a non-voting member, ex-officio of the Executive Committee unless they are serving under the provisions of Part V (G).
C. All Board members will serve one (1) year terms, and shall be eligible for re-election to successive terms without limit.
D. If the office of any director becomes vacant, a majority of the remaining directors, shall choose, at its meeting following the declaration of a vacancy, a successor who shall hold office for the unexpired term.
E. A director shall be disqualified to serve, and their term of office shall automatically end, when:
1. They are the employee of an operator member that ceases to be a member in good standing.
2. They end their employment connection with a member of the association, either temporarily or permanently.
V. Officers
A. The Officers of the EMC shall be:
1. Chairman
2. Vice Chairman; and,
3. Immediate Past Chairman
B. The terms of the Officers shall be one (1) year, and Officers may succeed themselves once their terms are completed.
C. A slate of nominees for Officers shall be established by a vote of the members of the EMC at a regular meeting of the EMC; candidates for Officers positions will be selected from among the EMC members in good standing. Officers of the EMC shall be limited to active bus or motorcoach operator representatives. The nominations for Officers of the EMC shall be submitted as a recommendation to the ABA Board of Directors, and the ABA Board of Directors shall consider such nominees in appointing a slate of Officers for the EMC.
D. The Chairman shall chair all executive and general meetings of the EMC, shall appoint committees with the advice of the Executive Committee as provided herein, and shall consult with the Executive Director on and oversee implementation of the agenda, priorities, budget, objectives and programs of the EMC.
E. The Vice Chairman shall serve and execute the duties of the chairman in the absence of the Chairman.
F. The Executive Director shall oversee the recordation and maintenance of all meeting minutes as provided herein and shall compile and maintain a roster of voting members of the Board and the EMC as a whole.
G. In the event that the Vice Chairman must assume the Chairman’s duties, the Immediate Past Chairman, as ex-officio, will assume the duties of the Vice Chairman, until another Vice Chairman can be duly elected by the EMC members. The Executive Director shall assume the Chairman’s duties in the event of absence of the Immediate Past Chairman and/or the Vice Chairman, when there is no sitting Chairman.
VI. Meetings
A. The membership of the EMC shall meet periodically at times and places set by the Board of Directors. Notice of the meeting and a proposed agenda shall be sent to the members in advance of the meeting. Meetings of the members may be in person or by teleconference, as necessary. For meetings of the EMC members, participation by 25% of EMC members in good standing shall constitute a quorum for transacting business.
B. The Board of Directors will meet as needed either in person or by teleconference. As practicable, notices of Board meetings, meeting materials and a proposed meeting agenda shall be sent in advance of the meeting to the Board members. For meetings of the Board, participation by 50% of the sitting Board members shall constitute a quorum for transacting business.
C. Minutes of all meetings of the Board, the EMC membership, and any committees shall be recorded and maintained at the ABA headquarters office.
D. All formal meetings shall be conducted under the procedures set out in Robert’s Rules of Order.
VII. Standards of Conduct
We, the members of the Entertainer Motorcoach Council (EMC), in carrying out our role of providing service to the traveling public recognize the need to do so in a professional manner, and to deal with the public and our colleagues with the highest degree of integrity. Therefore, we herewith set forth the following creed which shall govern our endeavors to fulfill our obligations:
A. To adhere to the professional standards of the American Bus Association (ABA) and to work to further its goals and objectives.
B. To conduct all business affairs with integrity, sincerity, and accuracy in an open and forthright manner.
C. To act with integrity in financial dealing with the public and with entities utilized to help arrange or provide service and accommodations to motorcoach travelers.
D. To conduct our business and operations in a safe manner in order to protect the public and to promote the image of the industry.
E. To work to instill consumer and public confidence in the industry, avoiding any action conducive to discrediting it or membership in the EMC.
F. Misappropriation of funds deposited with or entrusted to a member of the EMC by another Member or by a person having a business relationship with the bus industry;
G. Willful and wrongful refusal to pay for services rendered by another member or by a person having a business relationship with the bus industry, or a willful refusal to make arrangements for payment of such services;
H. Wrongful failure to provide transportation or related services, as promised, and failure to make prompt restitution for any breach of a contractual obligation;
I. Willful violation of Federal or State laws pertaining to the regulation of the intercity bus industry, including rules and regulations promulgated by the U.S. Department of Transportation or applicable country/provincial laws, or;
J. Systematic violation of rules, regulations, or policies of the EMC.
Violation of the EMC Standards of Conducts may subject a member to disciplinary review by the EMC Board of Directors and including and could be grounds for revocation of membership.
VIII. Indemnification and Insurance
A. ABA shall provide and incur the expense of liability insurance for the EMC Board of Directors to cover the performance of their duties on behalf of the EMC, and shall keep such insurance in effect during the term of each such Director.
IX. Budget
A. Prior to December 31 of each calendar year, the EMC Board of Directors shall review, adopt and cause to be distributed to the membership the annual budget of general expenses for the following calendar year.
X. Committees
A. The Standing Committees of the EMC shall be as follows:
1. A Membership Review Committee
2. A Marketing Committee
3. A Government Relations Committee
B. In addition, the Chairman of the EMC may appoint one or more committees as necessary to carry out any other specific tasks for the EMC.
C. All committees may meet in person or by teleconference, as necessary, shall report their findings to the EMC Board of Directors and may make recommendations for additional actions of the EMC membership as appropriate.
XI. Executive Director
The Executive Director shall be the chief executive and administrative officer of the EMC, and shall direct, implement and execute the meetings, programs, policies and other work products of the EMC. The Executive Director shall prepare the budget for the EMC with the advice of the Officers of the EMC and subject to approval of the EMC Board of Directors and the ABA Board of Directors. The Executive Director shall be an employee of ABA and shall work cooperatively with the Officers of the EMC.
XII. Amendments to Standing Rules
These Standing Rules may be amended by a majority vote of the EMC Board of Directors at a meeting for which at least five days prior notice was provided, subject however, to approval by the ABA Board of Directors as provided herein.
