Memorial Park Neighborhood Association

Amended ByLaws for Review

Nov 16, 2005

Memorial Park Neighborhood Association Bylaws
Table of Contents

ARTICLE I. NAME OF ORGANIZATION
ARTICLE II. PURPOSE
ARTICLE III. BOUNDARIES
ARTICLE IV. MEMBERSHIP
Section 1. Qualifications
Section 2. Voting
Section 3. Members in Good Standing
Section 4. Voting Eligibility
Section 5. Election of Officer
ARTICLE V. FINANCIAL SUPPORT
Section 1. Collection of Dues
Section 2. Dues in the Rears
ARTICLE VI. MEMBERSHIP MEETINGS
Section 1 General Membership Meetings
Section 2 Special Membership Meetings
Section 3 Agenda
Section 4 Quorum
Section 5 Participation
Section 6 Procedures
ARTICLE VII. BOARD OF DIRECTORS
Section 1 Number of Board Members
Section 2 Eligibility of Board Members
Section 3 Terms of Office
Section 4 Board Vacancies
Section 5 Election of Board Members
Section 6 Election of Officers
Section 7.A Duties of Board Member
Section 7.B Duties of Board Officers
Section 8 Board Meetings
Section 9 Powers of the Board
Section 10 Termination for Nonattendance
ARTICLE VIII. COMMITTEES
ARTICLE IX. CONFLICT OF INTERST PROCEDURES
ARTICLE X. GRIEVANCE PROCEDURES
Section 1 Eligibility to Grieve
Section 2 Complaint Receipt
Section 3 Final Resolution
Section 4 Removal of Elected Officers
ARTICLE XI. PROCEDURES FOR CONSIDERATION OF PROPOSALS
Section 1 Submission of Proposals
Section 2 Notification
Section 3 Attendance
Section 4 Dissemination
ARTICLE XII. PUBLIC MEETINGS/PUBLIC RECORDS REQUIREMENT
ARTICLE XIII. NONDISCRIMINATION
ARTICLE XIV. ADOPTION AND AMENDMENT OF BYLAWS




ARTICLE I. NAME OF ORGANIZATION: The name of the organization
shall be Memorial Park Neighborhood Association.

ARTICLE II. PURPOSE : The purposes for which the neighborhood association is organized are: to answer the needs of neighbors, establish better living conditions including community development, and improve the neighborhood and, as far as possible, the larger community by working for common causes and socializing together and separately in an productive unified manner to:
a) Enhance the livability of the neighborhood and Fort Wayne, Ind. by establishing and maintaining an open line of communication and liaison among the neighborhood, government agencies and other neighborhoods.
b) To provide an open process by which all members of the neighborhood may involve themselves in the affairs of the neighborhood.
c) Perform in an atmosphere of openness in promoting neighborhood unity, peace and prosperity while being the sole representative, whenever necessary to convey and/or establish the needs of neighbors and/or the neighborhood.
d) To do and perform all of the activities related to said purposes, to have and
enjoy all of the powers granted, and engage in any lawful activity for which nonprofit corporations may be organized as a homeowner/neighborhood association.
e) For such other objectives as are approved by the Board of Directors (Board) or membership.

ARTICLE III. BOUNDARIES: Boundaries of the Neighborhood Association shall be defined as the area bounded on the west by Anthony Boulevard, north by Nickelplate Railroad, east by Kitch Street, and south by the Norfolk-Western Railroad.

ARTICLE IV. MEMBERSHIP:

Section 1 Qualifications: Membership in the Neighborhood Association shall be open to all residents, property owners, business owners or licensees, governmental agencies, and nonprofit organizations located within the boundaries as defined in ARTICLE III of these bylaws.

Section 2 Voting: All members as defined above, eighteen (18) years of age or older, shall have one vote each to be cast during attendance at any general or special meeting. One representative from each business, government agency or nonprofit organization located within the boundaries, upon prior written authority from (both) the President and Executive Committee, shall have the same privilege as the residents listed above.

Section 3 Members in Good Standing: Shall be those members who dues are current and reflect as a positive impute to the entire association. Any person in consideration of both the Executive Board and membership-at-large to be not on good standing, through act and/or deed, once dully acknowledged by (both) the Executive Board and membership-at-large shall be an associate, nonvoting member, until such time as Member in good standing status is acknowledged by both Executive Board and membership.
Section 4. Voting Eligibility: Any member whose dues were in the rears during the odd year previous to an election of officers, and made current during the even year, shall be considered a non voting member during the even year election of officers unless member became a new member of the community during the odd year prior to the even year?’s election.

Section 5. Election of Officer: Election of officers shall be held during May of even year. Elected officers shall be President, Vice- President, Secretary, Treasurer, Membership Chairperson, Sergeant at Arms.

ARTICLE V. FINANCIAL SUPPORT: The dues of the Memorial Park community are due, collectable and payable only by the Memorial Park Neighborhood Association and shall be $10.00 per residence (family) $50.00 per landlord/landowner, $100.00 per business, $5.00 per senior citizen.

Section 1. Collection of Dues: Dues shall be payable during May for the fiscal year of June 1 through May 31 of the following year. Contributions will be accepted and fund raising may be authorized by the Executive Board. Grants and/or Loans as approved by (both) the President and Executive Committee are authorized.

Section 2. Dues in the Rears: Any lapse in the payment of dues shall be render member as member not in good standing status until dues are brought current. The payment of dues in the rears shall be no less than 2 and no more than 4 years.
ARTICLE VI. MEMBERSHIP MEETINGS
Section 1 General Membership Meetings: There shall be at least 12 monthly general membership meetings yearly. However, due to winter weather monthly meetings may be suspended until spring and/or until the month of March. Meetings shall be convened upon any day and time decided upon by the majority vote of the Board. Notification of meetings shall be by mail, posted notices, telephone calls, or any other appropriate means of communication apt to reach a majority of the members.

Section 2 Special Membership Meetings: Special meetings of the membership may be called by the President after majority vote of the Executive Board as deemed necessary. Notification shall be by mail, posted notices, telephone calls, or any other appropriate means of communication apt to reach a majority of the members. Notification shall require no less than a seven(7) day notice.

Section 3 Agenda: Subject to the approval of the Board, the President shall prepare the agenda for general and special meetings of the membership. Any person may add a special item to the agenda by (a) submitting the item in writing to the Board at least seven (7) days in advance of the meeting or (b) making a motion to the Board to add an item to the general or special agendas at those respective meetings. Adoption of that motion requires a second and majority vote.

Section 4 Quorum: A quorum for any general or special meeting of the neighborhood association shall be the number of members in attendance with a minimum of five (5). Unless otherwise specified in these bylaws decisions of the neighborhood association shall be made by a majority vote of those members present at any meeting.

Section 5 Participation: Any general, special, Board, or committee meeting is open to any person and all who may which to be heard regarding any item on the agenda. Only members will be eligible to vote. All actions or recommendations of the general or special meetings shall be communicated to all affected parties, including minority reports.

Section 6 Procedures: Roberts Rules of Order shall be followed in all areas not covered by the bylaws.

ARTICLE VII. BOARD OF DIRECTORS:
Section 1 Number of Board Members: The Board shall consist of the elected officers of the association plus members from the general membership. The elected officers of the association shall determine the exact numbers of general member Board positions annually. There shall be at least five general member (5) and no more than fifteen (15) total Board members.

Section 2 Eligibility for Board Service: Only persons eligible for membership shall be qualified to hold an elected or appointed position.

Section 3 Terms of Office: Terms of office are for two (2) years terms and Upon expiration of initial terms of office, all re-appointments would be for two (2) year terms.

Section 4 Board Vacancies: The Board may fill any vacancy on the Board or committee by majority vote of the Board. A member appointed to fill a vacancy shall serve the remainder of the unexpired term and until his or her successor is elected and/or appointed.

Section 5 Appointment of Board Members: Board members shall be appointed annually by the President.

Section 6 Election of Officers: Election of officers shall take place every ?“even numbered?” 2 years. With term beginning June 1st of even year election held during May meeting.

Section 7. A. Duties of Board Officers: The Board shall have following responsibilities and powers:
a. Manage the daily affairs of the neighborhood association.

b. Make decisions and represent the interests of the neighborhood association on all matters for which it is impractical to present to the membership in advance. All such actions shall be reported to the membership at the next regular meeting.

c. Appoint committees to perform necessary functions and represent the neighborhood association on specified topics.

d. Establish a plan for maintaining and encouraging unity and involvement in the neighborhood association

Section 7. B. Duties of Board Officers

a. Chairperson: The elected president shall serve as chairperson of the Executive Board and shall preside at all board meetings and all membership meetings and shall perform such duties as the Board and the membership from time to time authorizes. The Chairperson shall represent the position of the Board and the interests of the neighborhood association even when it is impractical to present to the membership in advance. All such actions shall be reported to the membership at the next regular meeting.

b. Vice Chairperson: The Vice Chairperson shall perform the duties of the Chairperson in the Chairperson?’s absence and as authorized by the by1aws or regulations of the Board and only upon the approval of the Chairperson represent the position of the Board and the interests of the neighborhood association when it is impractical to present to the membership in advance. All such actions shall be reported to the Chairperson prior to and to the membership at the next regular meeting.

c. Secretary: The Secretary shall record and maintain minutes of
Membership and Board meetings, assist the Chairperson with
correspondence and maintain the non-financial files of the
neighborhood association. The Secretary will maintain a list of
Board members and their terms.

d. Treasurer: The Treasurer shall have charge of all funds belonging to the neighborhood association and shall receive, deposit and disburse funds for the neighborhood association in a bank(s) or financial institution(s) in such manner as designated by the Board. The Treasurer shall make quarterly financial reports and/or as directed by the Board.

Section 8 Board Meetings:
a. Board meetings are held once a month with the attendance of the Board and interested members. These meetings are chaired by the Chairperson.

b. Special Board meetings may be called by the chairperson by giving notice to each officer and Board member of the time, place, and items to be discussed or acted upon at least three calendar days before the special meeting. A special meeting shall not be called unless insufficient time is available to consider a pertinent matter at the regular Board meeting,

c. A quorum consists of a majority of the currently elected Board members.

d. The Board shall be notified not less than three (3) days preceding any board meetings; Notification shall be by mail or telephone calls to all board members and any media apt to reach a majority of the membership.

Section 9 Powers of the Board: The Board shall be responsible for all business coming before the neighborhood association and for assuring that members are informed of business that affects them through reasonable means of notification. The Board has the responsibility of acting in the best interest of the neighborhood but is not specifically bound to act according to the desire of the majority of members attending a particular meeting.

Section 10 Termination for non-attendance: Board members failing to attend three consecutive Board meetings may be terminated from the Board upon written notice.

ARTICLE VIII. COMMITTEES: There may be standing committees as designated by the Board and special committees as may be established by the Chairperson. Committees must have at least one (1) Board member.

ARTICLE IX. CONFLICT OF INTEREST PROCEDURES: A transaction in which a member may have a direct or indirect conflict of interest may be approved by a vote of (both) the Board and membership-at-large if in advance of the vote all material facts of the transaction and the member?’s interest are disclosed to the Board. A conflict of interest transaction is considered ratified if it receives the affirmative vote of the President and majority of the members who have no direct or indirect interest in the transaction. A transaction may not be authorized by a single member. If a majority of the members who have no direct or indirect interest in the transaction votes to authorize, approve or ratify a transaction, a quorum, is present for the purpose of taking action. The presence of, or vote cast by a member with a direct or indirect interest in the transaction does not affect the validity of the action taken by the Board. The member with the direct or indirect conflict of interest may elect to abstain from voting on the transaction.

ARTICLE X GRIEVANCE PROCEDURES:
Section 1 Eligibility to Grieve: Any person or group who objects to a decision or policy or believes they are adversely affected by a decision or policy of the neighborhood association may file a complaint in writing with the Board. The Board shall resolve the complaint or take appropriate action and advise the complainant of the outcome.

Section 2 Complaint Receipt: Within seven (7) days of receipt of the complaint, the Board shall arrange with the petitioner for a mutually acceptable place, day and hour for a review of the complaint, and will, in writing, within thirty (30) days, recommend a resolution of the grievance to the Board.

Section 3 Final Resolution: The Board shall attempt to resolve the complaint and shall submit a report of their recommendation and/or action to the complainant, Board, and membership. If the committee, Board and petitioner cannot reach agreement, final resolution of the complaint shall be by vote of the majority of the membership at a general or special meeting. Parties involved are encouraged to request assistance from the Neighborhood and/or City?’s Mediation Center.

Section 4 Removal of Elected Officers: Any elected officer who does not perform duties normally associated with his office shall be subject to recall, however recall considerations must be addressed first before the Executive Board, then only after Executive Board review finds justification and votes to carry-forth recall considerations recall consideration be brought before the membership-at-large. Then, after review a vote by (both) Executive Board and membership-at-large, which must be seconded, is taken and thereby approved is an elected official found to be removed from office.

ARTICLE XI. PROCEDURE FOR CONSIDERATION OF PROPOSALS:
Section 1 Submission of Proposals: Any person or group, inside or outside the boundaries of the neighborhood association may propose in writing items for consideration and/or recommendation to the Board. The Board shall decide whether proposed items will appear on the agenda of the Board, standing or special committees, or general or special meetings.

Section 2 Notification The proponent and members directly affected by such proposal shall be notified in writing of the place, day, and hour the proposal shall be reviewed not less than seven (7) days in advance.

Section 2 Attendance: The proponent may attend this meeting to make a presentation and answer questions concerning the proposals

Section 4 Dissemination: The neighborhood association shall submit recommendations and dissenting views as recorded from the meeting to the proponent and other appropriate parties.

ARTICLE XI. PUBLIC MEETINGS/PUBLIC RECORDS REQUIREMENT:
The neighborhood association shall abide by all city/state statutes relative to public meetings and public records. Official action(s) taken by the neighborhood association must be on record or part of the minutes of each meeting. The minutes shall include a record of attendance and the results of arty vote(s) taken. A summary of dissenting views should be transmitted along with any recommendation made by the neighborhood association to the City. Official records whenever necessary.

ARTICLE XIII. NONDISCRIMINATION:
The neighborhood association will not discriminate against individuals or groups on the basis of race, religion, color sex, sexual orientation, age, disability, national origin, income, or political affiliation in any of its policies, recommendations or actions.

ARTICLE XIV ADOPTION AND AMENDMENT OF BYLAWS:
All By-Laws being adopted and/or amendments to these bylaws must be proposed in writing and submitted to members at least seven (7) days before voting on their adoption may proceed. Notice of a proposal to amend the bylaws, specifying the date, time and place for consideration, must be provided to all members at east seven (7) days before voting and/or shall be read (each member attending meetings shall have a copy) at one meeting and a favorable vote of two-thirds (2/3) vote by the members in good standing present at the next general meeting.