Lavallette New Jersey
Lavallette New Jersey |
BY-LAWS
The Voters and Taxpayers Association of
As introduced and approved on first
reading March 23, 2007, with amendments from the floor incorporated;
and as scheduled for adoption
A. This organization shall be
known as The Voters and Taxpayers Association of Lavallette,
B. The principal address of
this Association will be
C. This Association was
incorporated on March 4, 1970 as a not-for-profit organization by the virtue of
the provisions of an Act of the Legislature of the State of New Jersey,
entitled “The Corporations and Association Not for Profit” (Title 15 of the
Revised Statutes of 1937, N.J.S.A. title 15) and the amendments thereof and
supplements thereto, for a lawful purpose other than pecuniary profit.
D. The Association was granted 501(c)3 status on the date
of
A. Increase communications
between the residents, voters, and taxpayers and the governing body of the
Borough of Lavallette and to promote good government within the Borough.
B. Provide an Association that
will enable the residents, voters and taxpayers of Lavallette to derive the
utmost benefit from residing and/or owning property in the community.
C. Provide a forum for the
voters and taxpayers to express their questions, concerns and observations.
D. Provide accurate information
concerning the municipal government and the expenditure of public funds, so
that intelligent, informed choices can be made by the citizenry.
E. Motivate its members to participate
in the civic activities required to maintain a people’s government.
A. Membership in this
Association shall be open to any resident, voter, or taxpayer of the Borough of
Lavallette who subscribes to the purposes and objectives of this Association.
B. Admission as a member shall be subject to payment of
annual dues, which shall cover the period of January 1 to December 31 of each
calendar year except as provided for in Section E. of this Article.
C. Membership dues must be paid prior to or at the
January, regular monthly meeting in order for any member to be entitled to full
membership status, including the extension of voting privileges at all calendar
year meetings. This applies whether renewing membership or if joining as a new
member. For example: If an existing member or a new member pays his/her
dues for any given year at or before the January, regular monthly meeting then
that person has immediate, full membership status, including the privilege to
vote, at the January, regular monthly meeting and for the remainder of
the calendar year.
D. Any persons paying dues at a regular, monthly meeting after
the January regular, monthly meeting, are not entitled to full membership
status, including the privilege to vote, until the next regular, monthly
meeting. For example: A person paying dues at or by the March, regular
monthly meeting shall not be entitled to vote, make motions, or nominate
candidates until the April, regular monthly meeting.
E. Any persons paying dues after a regular, monthly
meeting shall have their dues credited as having been paid at the next regular
monthly meeting. They shall not be
entitled to full membership status, including the privilege to vote, until the
next regular, monthly meeting after the crediting of the dues payment. For
example: If the regular monthly meeting was held on February 15 and the
dues are paid on February 20, the dues would be credited as being paid at the
March regular meeting. The person shall
not be entitled to full membership status, including the privilege to vote, until
the April regular monthly meeting.
F. Persons renewing membership or joining as new members
during the last quarter of the calendar year will have their dues also credited
as being paid for the next calendar year.
For example: Dues paid in
October, November, or December of 2007 shall also count as dues having been
paid for 2008.
G. The fixed amount of dues
shall be determined by the membership at the September meeting, and if no
action is taken the dues shall remain the same for the ensuing year.
H. All members voting must be
of legal voting age, with a maximum of two (2) votes permitted per membership,
if the membership is for two persons.
A. The Executive Board shall consist
of nine (9) members, eight (8) of whom shall serve for two years. The Election of these eight (8) members to the
Executive Board shall be rotated so that four (4) members will be elected each
year. The President of this Association
shall serve as its ninth (9th) member.
B. ALTERNATE MEMBERS: There
shall be two (2) alternate members to the Executive Board, each elected for a
two (2) year term on a rotating basis.
The first time the alternate members are elected, one shall be elected
for a one-year term and the other for a two-year term. Each shall be elected thereafter for a
two-year term on a rotating basis. An
alternate member shall serve in the place and stead of any member of the
Executive Board who shall be absent for any reason or in the event that there
is a vacancy in any Executive Board position.
If there is a vacancy the alternate member shall serve until such time
as the vacancy is filled by election in a manner consistent with these By-laws. An alternate member or members shall be invited
to Executive Board meetings at the call of the president whenever an Executive
Board member is absent or there is a vacancy, or as otherwise deemed
appropriate by the President. If an alternate member succeeds to fill a vacancy
by election, that alternate’s position shall be deemed vacant and the
alternate’s vacated position shall be filled by election in a manner consistent
to these By-laws.
C. Officers
1.
The President of the Association shall be elected as such by the
general membership and shall serve for a one-year term.
2.
The Executive Board shall elect from among its members the following
officers to service for a one-year term:
a.)
First Vice President
b.)
Second Vice President
c.)
Treasurer
d.)
Recording Secretary
e.)
Corresponding Secretary
D. No member of this Association
who holds an elective public office shall serve on the Executive Board.
This
prohibition shall not apply to positions filled solely at a Primary Election,
such as for the
positions of state and county political party
committee members.
E. Officers shall serve until the June regular, monthly meeting when those
Officers elected in the May
meeting shall take office.
F. Any officer, director, Executive Board member or
alternate, or committee member, who fails to perform his/her responsibilities
as provided for in these By-laws, may be temporarily suspended by a vote of
five (5) members of the Executive Board pending institution of removal from
office procedures as provided for in The
Standard Code of Parliamentary Procedures, Fourth Edition, by Alice
Sturgis.
ARTICLE V –
DUTIES AND RESPONSIBILITIES OF THE EXECUTIVE BOARD
A.
EXECUTIVE BOARD
1.
Formulate such general
policies as are necessary for the proper functioning of this Association and
manage the affairs of the Association, including
the annual budget.
2.
Properly process all matters
referred to it as a result of a majority vote by the general membership.
3.
Meet at the request of the
President, any two Executive Board members or any ten Association members in
good standing.
4.
Budget
to be presented to Executive Board at the December meeting.
5.
Budget
to be presented to full membership at the January meeting.
6.
Approve all bills and
commitments in excess of one hundred dollars ($100.00).
B. PRESIDENT
1.
Act as chief executive of this Association.
2.
Act as Chairman of the Executive Board and preside at all
meetings. He or she shall be a member of
all active committees and shall appoint a chairperson for each committee.
3.
Shall, together with the Treasurer, normally sign all proper checks and
expense vouchers. In the President’s
absence, the First Vice President shall perform this duty.
4.
Shall make available to the membership all pertinent information he or
she receives concerning the Association.
5.
Shall appoint a Budget Committee at the November meeting.
6.
Shall appoint an Audit Committee in February to review with the
Treasurer the financial status of the Association. If a new Treasurer is elected, an audit shall
be made immediately.
7.
Shall be responsible for maintaining the
Certificate of Incorporation and the corporate seal in a secure place, such as
a safe deposit box or other place as deemed appropriate by the Executive Board.
C. FIRST VICE-PRESIDENT
1.
Shall assist the President in
the exercise of the latter’s duties and in the absence of the President, assume
his duties.
2.
Shall in the absence of either the President or the Treasurer sign any
necessary and approved checks or vouchers with either the President or
Treasurer.
D. SECOND VICE PRESIDENT
Shall assist both the President and First
Vice President in the exercise of their responsibilities
and shall assume the duties of the First
Vice President in his absence or as President in the
absence of both the President and First Vice
President.
E. RECORDING SECRETARY
1.
Shall be responsible for recording
and maintaining minutes of all meetings of the Association including a summary
of the Executive Board meetings in a book provided by the Association for that
purpose.
2.
Shall be responsible for maintaining the monthly attendance records of
General Membership Meetings.
F. CORRESPONDING SECRETARY
Shall assist the Recording Secretary and handle the Association’s in/out
correspondence.
G. TREASURER
1.
Shall have care and custody and be responsible for all funds of the
Association, and deposit such funds in the name of the Association in such bank
or banks as designated by the Executive Board.
2.
Shall present the Annual Budget which shall be prepared by the Budget
Committee at the December meeting.
3.
Shall, together with the President, sign all approved checks and
vouchers.
A. At the May regular, general meeting,
also designated the Annual Meeting, the President shall give his/her Annual
Report to the membership
B. General meetings will be
held on the third (3rd) Friday of each month except as noted
otherwise.
C. General meetings will be
held at the Lavallette Borough Hall unless notified otherwise, and will
commence at
D. Special general meetings may
be called at anytime by the President or a majority of the Executive Board. However, adequate notice of at least seven (7)
days must be given the membership and the notice must state the items of
business that will be considered.
A. The President shall appoint
a Nominating Committee of three (3) members at the March, regular monthly
meeting of each year.
B. The Nominating Committee
shall present a slate of officers proposed for election at the April, regular
monthly meeting. After the Nominating
Committee report, nominations from the floor shall be in order.
C. Elections will be held at
the May, regular monthly meeting. Only
those persons nominated at the April meeting shall be eligible for election at
the May meeting. Write-in votes will not
be counted. Newly elected officers will
assume their office at the June, regular monthly meeting.
D. Members of the Nominating
Committee shall be members as certified by the Treasurer.
E. No member of the Nominating
Committee shall be nominated by the Nominating Committee as a
candidate for elective office of the Association.
But a Nominating Committee member may be nominated from the floor, by a
non-member of the Nominating Committee when such nominations are in order.
F. Any member not currently holding a public
office filled by a public election shall be eligible for a
nomination provided that the person
nominated has attended at least twenty-five percent (25%) of the
Association’s general meetings during
the twelve-month (12-month) period through to and including
the April nominating meeting.
G. Only members who dues were paid at or before the
April, regular monthly meeting and who are
physically
present at the meeting may vote. Dues
payment shall be certified by the Treasurer.
Proxy
votes
will not be accepted.
H. The Nominating Committee shall
conduct the May election using written ballots.
The Nominating committee shall tally the votes.
I.
The chairperson of the Nominating Committee, after all ballots have
been cast, shall prepare a report to the President accounting for all ballots
cast, both legal and illegal. The President
shall read it to the membership (Exhibit I).
J.
When there is only one candidate for President or only one candidate
for any Executive Board position, then a member may make a motion, if no
one objects, to have the Recording Secretary cast one ballot for the
uncontested position/positions.
K. Winners shall be determined
by a plurality vote.
L. If there is an unexpired
term for any Director’s position at the time of the Association’s annual
nominations and elections, each unexpired Director’s position shall be treated
as a separate office for the balance of each term.
M. In the event that a
permanent vacancy should occur as a result of a member being unable to complete
his or her term, then the Executive Board shall nominate and vote on a
replacement to fill the vacancy at the next regularly scheduled meeting. The term of the office for an Executive Board
Member elected under these conditions shall be limited to the next Annual
Meeting. This position shall be reopened
for election at the May meeting.
The term of office for an Executive Board member elected under this
condition shall be for the remainder of the vacancy.
N. If an Officer is absent from
three (3) consecutive regular meetings without a reasonable excuse, then the
office shall be declared vacant by a vote of the Executive Board, with
at least at least five (5) Executive Board members voting in the affirmative to
declare the position vacant.
The Standard Code of Parliamentary
Procedures, Fourth Edition, by Alice Sturgis, shall prevail at all
meetings except where inconsistent with
the By-Laws.
Five (5) members of the Executive Board
shall constitute a quorum at all meetings.
A. The Executive Board shall
establish committees necessary to meet the needs of the Association. They may
be STANDING COMMITTEES which will handle tasks that are performed regularly, or
they may be SPECIAL COMMITTEES that may be formed to perform a specific task
and will cease to exist when that task is completed or when determined by the
Executive Board.
B. Persons selected to serve on
committees shall be Association members.
C. Committee chairpersons shall be
appointed by the President. Committee members
shall be
appointed by the Executive Board.
D. If a vacancy occurs on a Committee it shall
be filled by the same authority that made the
original selection.
E. Standing Committee members’ terms of office
shall expire at the June meeting.
Special Committee
members’ terms of office shall not extend
beyond the completion of their mission and in no event shall
said terms of office extend beyond the June
meeting unless reappointed.
F. Committee membership shall not exceed five
(5) members including the Chairperson unless
authorized by the Executive Board.
G. Committee members will be appointed within
thirty (30) days of the June meeting.
I.
The chairperson of each Committee shall be responsible to keep the
Executive Board
informed of the status of projects or
reports undertaken by the Committee.
J.
Standing Committees:
1.
By-Laws – Responsible to interpret, modify or develop changes to the By-Laws
when directed by the Executive Board.
2.
Membership – Responsible to recruit members to join the Association.
3.
Legislative – Investigate proposed legislative changes.
4.
Hospitality – Responsible to provide refreshments for regular monthly meetings.
5.
Fund Raising – Responsible for generating non-dues related funds for the Association
in accordance with our not-for-profit status.
6.
Communications – Responsible to publish all official communications for the
organization when requested by the Executive Board.
7.
Beach –
Monitor beach activities and make recommendations for improvements.
8.
Utility – Responsible for keeping the Association informed regarding the
activities of the Borough Utility Committee and bringing the Association’s
point of views back to the Borough Utility Committee.
9.
Scholarship – Responsible for selecting scholarship recipient(s)
according to established criteria. Scholarship criteria shall be determined by
the Scholarship Committee, with the approval of the Executive Board. Criteria
will be established for the current calendar year by February 1. This committee
will be limited to either three (3) or five (5) members.
A. The order of business is as
follows: 1. Call to order 8. Presentation of Bills
2. Pledge of Allegiance 9. Committee Reports
3. Roll call of Officer 10. Old Business
4. Introduction of 11. New Business
new members 12.
Election of Officers if any
5.
Minutes 13. Collection of Dues
6.
Report of Officers 14. Adjournment
7. Communications
B. The above Order of Business
may be altered or suspended upon a vote of a majority of the members present,
including Executive Board members.
A. This Association shall not
endorse any candidates running for public office, nor shall any officer,
Executive Board member, or member use the name of this organization or his/her
title or position in making an endorsement of a candidate for public
office. This shall not prevent an
individual from using his membership or title in a biography or resume’ when
seeking public office.
ARTICLE
XIII – SCHOLARSHIPS
A.
The
Association shall annually sponsor up to three (3) scholarships, based on
sufficiency of funds.
B.
One
of these scholarships, irrespective of the number of scholarships funded in any
given year, shall be named the Ralph Gorga Memorial Scholarship in
honor of Ralph Gorga, a founder of this Association, the second vice
president of this Association at the time of his death in 2007, a former
president and director of this Association, a former Mayor and Council member
of the Borough of Lavallette, and a strong advocate for protecting the natural
environment, particularly that of the Ocean, the Bay, and the drinking water
supply.
C.
A
Scholarship Committee annually shall be appointed by the President. The Committee shall recommend to the Association
the eligibility of persons for the scholarships and the criteria for being
awarded any of the scholarships. Those
eligible for and the criteria for awarding any of the scholarships may
vary dependent upon the specific purpose of any of the scholarships. For example: type of post graduate
educational institution to be attended, the course of study being
pursued, financial need, or other variables.
D.
The
Scholarship Committee shall be responsible for the coordination of all
scholarship activities, establishment of eligibility and award
criteria, and for the selection of scholarship recipients, subject to
approval of the Executive Board.
A. Any member in may propose
changes to the By-Laws by presenting the change in writing to the Secretary.
B. The President will refer the
amendment to a By-Laws Committee who will study it and report back to the
membership with a recommendation within sixty (60) days.
C. The proposed changes will be
read at two (2) consecutive meetings and voted on at the second meeting. A majority vote of all members present is
required for approval.
ARTICLE XV
– DISSOLUTION OF THE ORGANIZATION
A.
In the event of
dissolution of the Association, assets shall be distributed to a similar
organization organized for one or more exempt purposes within the meaning of
Section 501 (c) (3) of the Internal Revenue Code, or corresponding section of
any future 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 the Superior Court of New Jersey,
Exhibit I
A.
TOTAL VOTES
1. Qualified Voters (Number of ballots handed out) _______
2. Legal Ballots Cast (Number received less illegal ballots) _______
3. Illegal Ballots Cast (Blank or ineligible person) _______
TOTAL _______
B.
PRESIDENT
1. Legal Ballots Cast _______
2. Illegal Ballots Cast _______
3.
Candidate(s) Legal Ballots Cast
a) _______
b) _______
c) _______
d) _______
C.
DIRECTORS
1. Legal Ballots Cast _______
2. Illegal Ballots Cast _______
3. Candidate(s) Legal Ballots Cast
a) _______
b) _______
c) _______
d) _______
e) _______
f) _______
g) _______
h) _______
D.
SUBMITTED BY _________________________________ Chairperson