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Agua Dulce Civic Association,
Inc. ... Serving Agua Dulce since 1956 |
Approved
4/19/07
The Agua Dulce Civic Association was
organized July 13, 1956, and incorporated on April 29, 1957 as a Non-Profit
Corporation. The BY-LAWS will not conflict with the Articles of Incorporation.
This organization shall be know from this day,
July 13, 1956 and each year henceforth, as the Agua Dulce Civic Association
(hereafter “Association”).
This Association shall be nonsectarian, a
nonpartisan and a nonprofit corporation.
A.
Membership shall be
open to all residents and property owners of Agua Dulce who
support
the Association Mission as defined under Article II.
B. Non-property
owner members shall be known as Associate Members. Associate
Members have no voting privileges with
the exception of Section 2: Voting
Privileges.
C. Member
information shall remain confidential and available only to the Civic
Association Officers.
Section 2: Voting Privileges
A. Each real
property/parcel owner shall have one vote, but no real property/parcel owner shall
have more than one vote regardless of the number of separate parcels owned in
Agua Dulce.
B. An owner may
assign voting privileges provided the assignee resides on the property and both
the owner and assignee have read and have signed the acknowledgement supporting
the Mission of the Civic Association, and dues are current. Assignees shall be identified at the time of
application and can not be changed until the next membership period.
C. To be eligible to vote, one must be a member
in good standing/dues current for at
least thirty (30) days prior to the vote.
D. Voting procedures shall be determined by the
Board of Directors.
Section 3: Alternative Forms of Property
Ownership/Voting Privileges
Property held in trust and other forms of
ownership are eligible for Membership and have voting privileges provided the
person with legal authority over the property and/or their assignee have both
read and signed the application for membership.
Section 4: Dues payable
Membership dues
are due and payable on July 1st of each fiscal period ending June 30th
of each year. The amount shall be
recommended by the Board of Directors and approved by the general membership at
the Annual Meeting in June. There will be no pro-rating of dues
Section 5: Nonpayment of Dues
Dues become delinquent on August 31st
of each year. Non-payment of dues shall
result in the forfeiture of voting rights.
There shall be a 30-day waiting period after receipt of payment, before
voting rights are reinstated.
Section 6: Discipline
Acts of a member which, in the judgment of
the Board of Directors, are determined to be detrimental to the Association,
may lead to censure and/or expulsion from membership. That member shall have
the right, within 30 days, to a hearing before a duly notified general
membership. A two-thirds (2/3) vote, by secret ballot of the members present,
shall be required for expulsion from the membership. Membership standing shall
be checked and certified by the membership chair before issuing ballots.
Expelled members may be reinstated as a member in good standing by a two-thirds
(2/3) vote, by secret ballot, of the members present at a duly notified general
meeting, after six (6) months. The costs of duly notifying the general
membership and any other costs for reinstatement shall be at the expelled
member’s expense.
A. Acts “ detrimental to the Association”
are defined as follows:
1. Members shall not make statements that
distort the position of the Association or other members or which undermines
the effectiveness of the Association.
2. Members shall not engage in conversations
or activities that discredit or create disrespect for the Association.
3. Members shall not engage in unlawful
practices, misappropriation of funds, or actions that create the appearance of
impropriety.
4. Members shall not vote on items where
they have a conflict–of-interest, which is defined for this purpose as
something which could bring personal benefit or loss to the member. Possible
conflict-of-interest issues shall be decided by the majority of members
present.
5. Members shall not imply either in verbal
or written communications that they speak for the Association unless they are
expressing a previously established Association position, or they are Committee
Chairs where the position of the committee has been endorsed by the
Association.
No member of the Association shall be
personally or otherwise responsible or liable for any debts, liabilities and/or
obligations of the Association.
The officers shall consist of a President,
First Vice President (Program), Second Vice President (Membership), a Recording
Secretary, a Corresponding Secretary and a Treasurer, elected by secret ballot
to serve a period of one year.
Section 2: Eligibility
A term of office for each officer shall be one (1) fiscal year
July 1st to June 30th.
Section 3:
No member shall hold the same office for
more than two (2) consecutive years with the exception of the office of the Treasurer.
Article VI –
Nominations and Election
A nominating committee of at least three (3)
members shall be appointed by the President in April (with the exception of
2007). The consent of each candidate must be obtained before his or her name is
placed in nomination. The committee shall submit a slate of qualified
candidates at the general meeting in May at which time further nominations may be
made from the floor.
A.
The election of officers shall be
held at June general meeting, with officers being installed at the July general
meeting.
B.
Voting to be by secret ballot if there is more than one
candidate for an office. In the event of a
tie between nominees for an office, it shall be decided by re-balloting.
Any member elected to office of President, First
Vice President, Second Vice President, Recording Secretary, Corresponding
Secretary or Treasurer must have been a member in good standing for at least
six (6) months prior to the election.
All members in good standing for thirty (30)
days prior to the election are eligible to vote for officers.
Vacancies in office shall be handled as
follows:
A.
In the event of the death,
resignation, or incapacity of the President, the First Vice
President shall
become President for the unexpired term. The next in succession is the
Second Vice
President.
B.
Vacancies in offices, other than the
President, shall be filled for the unexpired term by
the Board of
Directors. Section 4 of this Article
(Officer standing) shall apply.
C.
The Recording Secretary shall
become President in the absence of the President or
First Vice President or the Second Vice President.
Absence from three (3) consecutive regular
Board of Directors and general meetings, without an excuse acceptable to the
Board of Directors, shall be considered as an officer’s or chairperson’s
resignation and the Board of Directors may, with discretion, appoint a member
in good standing to complete the unexpired term. Section 4 of this Article
(Officer Standing) shall apply.
Section 1:
Officers
shall be installed following the election in June, and at the first general
meeting in July, at a time designated by the Board of Directors. A public
installation ceremony may be desired.
Section 2:
The first Vice President shall chair the
Installation Ceremony.
The President shall preside at all general, regular,
and special meetings of the Association and the Board of Directors. The
President shall appoint special and standing chairpersons, and shall be a
member ex-officio of all committees, except Nominating Committee. The President shall, with the Recording
Secretary, sign all legal documents, and with either the Secretary or Treasurer
or First Vice President, sign all checks. Two out of three signatures are
required on all checks – namely – the President, Recording Secretary or
Treasurer or First Vice President.
The First
President shall substitute for the President in case of absence. The Recording Secretary shall assume the
duties of President in the absence of the President and First Vice President.
A.
The First Vice president shall, in
the absence of the President, assume the
President’s duties and assist in the work of the President. The First Vice President
may also be the Program Chair. The
First Vice President shall be responsible for
developing a yearly calendar to be presented to the Board of Directors
for approval
by the September general meeting.
The First Vice President shall chair the
Installation Ceremony and arrange for necessary awards.
B.
The Second Vice president shall be
Membership Chairman. The Second Vice President shall appoint his or her own
committee and shall provide a membership roster by the end of October. The
Second Vice President shall be in charge of refreshments.
A.
The Recording Secretary shall keep
the general club records, including minutes of
general and Board
of Directors meetings, committee appointments, list of officers, list
of members showing
their addresses and telephone numbers, a copy of the
Association’s
By-laws and the club seal. The Recording Secretary shall sign, with the
President, all
legal documents and keep a copy thereof. The Recording Secretary shall
provide the
President with a copy of the minutes of the previous general and Board of
Directors of
Director meetings and be prepared to present recommendations of the
previous Board of
Directors meeting to the members present.
B.
The Corresponding Secretary shall
prepare all written correspondence for the
President’s
signature, attend to the correspondence of the club, file letters pertaining
to the business of
the club, notify the membership of regular and special meetings an
keep a copy of all letters written. The
Corresponding Secretary shall keep a copy of
the Association’s
By-laws with Association’s records, prepare and mail Association
notices for
special activities, and notify the membership of pending issues of
paramount concern.
The Corresponding Secretary shall sit on the Civic Improvement
and Publicity
committees.
A.
The Treasurer shall receive all
monies and deposit the same, in the name of the
Association, in a
bank approved by the Association, and keep an itemized accounting
of receipts and
disbursements. The Treasurer shall make a written report to be read at
each monthly Board
of Directors meeting and present a copy to the President and
Recording
Secretary. Checks shall be signed by the Treasurer and President, with an
alternate assignee
in the person of the Recording Secretary or First Vice President,
two signatures
being required. The Treasurer shall serve as a member of the Finance
Committee. The
Treasurer shall prepare and submit an annual financial report to be
read at the
September general meeting. The books are to be closed and audited prior
to this meeting.
B.
In order that the books may be closed
and audited, the Treasurer shall call for all bills
owed and monies
due to be given to the proper person or persons at the general
meeting in June.
Section V:
Each Officer and Chairperson, on the
expiration of the office, or in case of resignation, shall turn over to his or
her successor without delay, all records, books, funds, or any other material
pertaining to the office.
Section 1:
The Board of
Directors shall consist of the President, First Vice President (Program),
Second Vice President (membership), Recording Secretary, Corresponding
Secretary, Treasurer, and appointed chairpersons of the standing committees.
A.
The Board of Directors shall have the
general supervision of the affairs of the
Association. The
Board of Directors shall make recommendations to the general
membership,
transact any business between meetings, and report thereupon at the
next general
meeting. It shall be subject to the orders of the Association and none of
its acts shall be
in conflict with action taken by the Association. Minutes shall be
taken of these
meetings.
B. The Board of
Directors may ask the Agua Dulce Senior Citizens Club to select the
annual Pioneer of the Year Award.
C.
The Board of Directors may nominate a
family candidate for the Family of the Year
Award. Nominations for the Family of the Year Award
may also be made by the
general
membership. The Association shall
conduct the community election for the
Family of the Year
at the July general meeting.
A.
The Board of Directors shall meet at least
once a month. Special meetings of the
Board of Directors may be called by the President or by one-third (1/3) Board
of Directors Members, provided two are elected officers.
B.
A quorum shall consist of three (3)
Board of Directors. Each member shall
have one vote: no voting by proxy shall be allowed.
C.
The date and place of the meetings is
to be selected at the discretion of the majority of the Board of Directors.
All new Association business shall be
presented to the Board of Directors for consideration prior to presentation to
the
general membership.
Section I:
Standing committees of this Association
shall be:
A.
Finance
B.
Ways and Means
C.
Civic Improvement
D.
Education
E.
Publicity
F.
Sergeant-at-Arms
G.
Health & Welfare
H.
Newsletter
I.
Picnic on the Porch
A. The Finance Committee shall prepare
and present an annual budget to the Board of Directors for recommendation to
the general membership; for adoption, conduct an audit of the Association’s
financial books to be in August, the Treasurer shall serve on this committee
but may not chair it.
B.
The Ways and Means Committee shall
plan and oversee activities to raise funds.
C.
The Civic Improvement Committee shall keep informed and present to the
membership, plans
for the development of the community. Same committee shall
receive and
present public notices from governmental agencies that pertain to the
community. The
Corresponding Secretary shall serve on this committee.
D.
The Education Committee shall keep
informed on the activities and needs of the
schools and shall
form a Scholarship subcommittee.
E.
The Publicity Committee shall
publicize all meetings and events. The Corresponding
Secretary shall
serve on this committee. The Publicity Chairman shall contact all
local newspapers
and publications with information on all activities. All written
publicity shall be
approved by the President.
F.
The Sergeant-at-Arms Committee shall
maintain order at all meetings, be responsible
for all
Association equipment and assets, set up and take down seating and tables,
etc., at each
meeting.
G.
The Health & Welfare Committee
shall assist in the common welfare of the
community, i.e.,
creating an interest in disaster preparedness, community safety, and
the general
well-being of the community.
H.
The Newsletter Committee shall gather
and disseminate information of interest to the
membership through
various media avenues.
I.
The Picnic on the Porch Committee shall organize and conduct this event.
Special Committees may be established at the
request of the President or the Board of Directors as the need arises. Upon
completion of the Special Committee’s objective or purpose and a report has
been presented, thereupon, the committee shall cease to exist.
Section 1:
A general
meeting of the Association shall be held on the third Thursday of each month
unless otherwise ordered by the general membership. Meetings are open to all
members.
Section 2:
Special
meetings may be called by the President, by a majority of the Board of Directors,
or by the written request of ten (10) members in good standing, provided all
members are duly notified.
Section 3:
The general meeting in June shall be known
as the annual meeting. It shall be for the purpose of receiving annual report
of officers and committees and for other business that may arise.
Amendments to the By-law’s may be proposed
by the Board of Directors, or by a By-law’s special committee. The proposed By-law changes must have a two-thirds
(2/3) approval vote of the Board of Directors members present. Written notice of change(s) in the by-laws
must be given to the general membership two (2) weeks prior to a general
membership vote on the change(s).
Section 1:
In case of a dissolution of the Association,
the President or next ranking Officer shall call a special meeting to consider
the matter. This might occur when the general membership should drop below the
number of elected officers and standing committee chairpersons.
Section 2:
A three-fourths (3/4) majority vote of
active members in attendance at the special meeting shall be needed to dissolve
the Association.
Section 3:
In case of a dissolution, all monies, assets
and other properties still in possession of the Association shall be turned
over to some agreed upon local charity, local institution or other local
Association.
Section 1:
The rules contained in Robert’s Rules of
Order, Newly Revised, shall govern this Association in all cases, i.e.,
anything not covered by these by-laws – refer to Robert’s Rules.
Section 2:
Subjects of a civic or property nature are
to be allowed for discussion during a “public forum” on the general meeting
agenda. The President may set a speaking time limit.
Section 3:
Only persons authorized by the Association
may speak on behalf of the Association to or before local, county, state or
federal government authorities.
Section 4:
Prior to the Association taking a
vote/stand, on issues of paramount concern to the residents and property owners
of Agua Dulce, the general membership shall be notified two (2) weeks prior as
to the time and place of the meeting to present the issue(s), discuss the
issue(s), and vote.
Revisions – 04/18/1996, 07/16/1998,
05/20/2004, 04/19/2007
DATED: April 19, 2007 (Approval date by
General membership) (Tenth Revision)
________________________ _________________________
President Recording
Secretary