Monterey County Sheriff's Posse, Inc.
BY-LAWS
Monterey County Sheriff's Posse, Inc.
BY-LAWS
P.O. Box 1547
Salinas, California 93902
November 3, 2005
ARTICLE I
Offices
Section 1.
The Posse shall maintain its principal place of business at the Sheriff's Posse
Grounds: 395 Old Natividad Rd Salinas, County of Monterey, State of California.
Section 2. Definitions: The word “Shall” means mandatory and the word “May” means permissive
ARTICLE II
Meetings of
Members
Section 1. PLACE OF MEETINGS.
All regular meetings of members
shall be held at the principal place of business of the Posse.
Section 2. REGULAR MEETINGS.
The regular
meeting of members shall be held on the first Thursday of each month. The
officers (Board) shall meet on the third Monday of each month for the purpose
of conducting Posse business. Should a regular or Board meeting fall upon a
legal holiday, then any such meeting shall be rescheduled. No notices of
regular or Board meetings shall be required.
Section 3. SPECIAL MEETINGS.
Special meetings of members for any
purpose, whatsoever, may be called at any time by the President, or upon signed
application of any five members in good standing. Notice of such special
meetings shall be given by regular mail or other means of written communication
addressed to each member at his address appearing on the books of the Posse or
given by the member to the Posse for the purpose of notice. All such notices
shall be sent to each member entitled thereto not less than five days before
such Special meeting and shall specify the place, the day, and the hour of such
special meeting and shall also state the general nature of the business or
proposal to be considered or acted upon at such special meeting.
Section 4. VOTING.
At all meetings of members every member in
good standing (dues are not delinquent) shall be entitled to vote in person,
and each member shall be entitled to one vote. Such vote may be by hand, voice
or by written ballot. The candidate
receiving the highest number of votes shall be elected. The President shall not
vote unless that vote is required to break a tie. Cumulative voting shall not be permitted.
Section 5. QUORUM.
The presence of any number of members
entitled to vote at any general meeting shall constitute a quorum for the
transaction of business. A vote by a majority of the members present voting
shall constitute a legal act. See Article III, section 5 regarding quorum for
Board Meetings
Section 6. BUDGET
The President shall direct that a budget
recommendation be prepared (including projected income and expenditures for the
following year) in time for the November general meeting. A copy of the budget recommendation will be
distributed to the general membership at that meeting. Any member wishing to make recommendations
regarding the budget must do so in writing to any Officer or member of the
Board before the November Board meeting.
The Board, after consideration of these recommendations, shall modify as
needed and approve the budget by majority vote.
The Treasurer, finance committee and committee chairs and interested
members are encouraged to provide input in the development of the budget
including requests for special projects. The Posse fiscal year begins on
January 1st.
Section 7. BUDGET
MEETINGS
The November
Board and December general meetings shall be for members only. No guests are
permitted. At the November Board meeting, the Board shall review written
recommendations from membership, revise as needed and approve the budget. The
final approved budget shall be presented to the general membership at the
December general meeting.
ARTICLE III
Directors
Section 1. NUMBER AND QUALIFICATIONS OF
DIRECTORS. The authorized number of directors of the
Posse shall be sixteen.
Section 2. POWERS.
Subject to the limitations of Articles of
Incorporation and Section 6 of Article II of these By-Laws, all of the ordinary
and customary corporate powers shall be executed by the Board of Directors.
Section 3. ELECTION AND TERM OF OFFICE.
The President, Secretary, Treasurer,
Captain, First Lieutenant, Second Lieutenant, and Past President shall be
members of the Board of Directors. In addition, there shall be nine elected
members of the Board. Three members of the Board of Directors shall be elected
annually to serve for a period of three years. All Directors shall hold office
until their respective successors are elected. A member must have been a Posse
member in good standing for at least six months prior to nomination for the any
office.
Section 4. VACANCIES.
Vacancies in the Board of Directors shall
be filled by a majority vote of the membership present at a regular or special
meeting. A vacancy shall be deemed to exist in the case of death, resignation
or removal of any Director, or if the authorized number of Directors be
increased. If the Board of Directors accepts the resignation of a Director,
tendered to take effect at a future time, the members shall have power to elect
a successor to take office when the resignation is to be effective. No
reduction of the authorized number of Directors shall have the effect of
removing any Director prior to the expiration of his term of office.
Section 5. QUORUM AT ALL MEETINGS OF THE
BOARD.
A majority of the Directors shall be necessary
and sufficient to constitute a quorum for the transaction of business. Every
action by the majority of the Board of Directors present at the meeting duly
held at which a quorum is present, shall be regarded as the act of the Board of
Directors.
Section 6. POWERS
OF DIRECTORS.
The Board of
Directors shall not, without the approval of a majority vote of the members
present at a general meeting, do any of the following acts:
(a)
Fix
the amount of dues to be paid by the members;
(b) Incur debt (borrow money) on behalf of the Posse in excess of $2,000.00;
(c)
Sell, mortgage, lease, or otherwise
dispose of or encumber any property or assets of the Posse.
(d) Expel
any member,
(e) The
Directors may, however, contract for all insurance of any nature necessary for
the operation of the Sheriff's Posse not withstanding the prohibition set forth
in paragraph (b) of Section 6 of Article III herein.
(f) Directors
upon approval by quorum and majority vote may approve expenditures necessary
for the organizations benefit, maintenance, and or repairs in excess of
$2,000.00 without a majority vote of the membership at a general meeting.
ARTICLE IV
Officers
Section 1. OFFICERS.
The officers of the Posse shall be a
President, a Secretary, a Treasurer, a Captain, a First Lieutenant, and a
Second Lieutenant
Section 2. ELECTION OF OFFICERS.
The President, Captain, Secretary,
Treasurer, First Lieutenant, and Second Lieutenant, shall be elected by the
membership in November of each year and each shall hold their office until
resignation or such officer shall otherwise become disqualified to serve, or
their successor shall be elected.
Officers shall assume office at the first
meeting in January.
The President, at the October meeting,
under new business, shall open the meeting for nomination for the respective
offices. The Nominating Committee shall give their report. Additional
nominations may be made from the floor.
Nominations shall be reopened at the
November meeting and as soon as the nominations for the respective offices have
been closed, balloting shall commence
The member receiving the highest number of
votes shall be declared elected to the office for which they have been
nominated.
Section 3. PRESIDENT.
The President shall be the chief executive
officer of the Posse and shall have general supervision, direction and control
of the business and officers of the Posse. The President shall
preside at all general meetings and of the Board of Director meetings. The President shall be an ex-officio
member of all the standing committees and shall have powers and duties of
management usually vested in the office of President of a Corporation and such
other powers and duties as may be prescribed by the Board of Directors or by
the By-Laws. The office of the President shall not be held for more than three
(3) consecutive terms by any member.
Section 4. CAPTAIN.
In the absence or disability of the
President, the Captain shall perform all the duties of the President and when
so acting shall have all the powers of and be subject to all the restrictions
imposed upon the President. The Captain shall be in charge of
Posse participation in parades. The Captain shall have such other powers and
duties as may be prescribed by the President, Board of Directors or
By-Laws.
Section 5. FIRST LIEUTENANT.
It shall be the duty of the First
Lieutenant to take the place of the Captain, when the Captain is acting
President, is unavailable and to perform all duties assigned by the Captain.
The First Lieutenant shall be in charge of the Posse bar.
Section 6. SECOND
LIEUTENANT.
The Second
Lieutenant shall be responsible for catering, arranging of meals at the general
membership and Board meetings and shall perform all duties assigned by superior
officers.
Section 7. SECRETARY.
The Secretary shall keep a full and
accurate set of records of all the Posse meetings. These records shall include
member and prospective member attendance at Board, General meeting and special
events. The Secretary shall read all reports, bulletins, applications
and other communications to the Posse and conduct such correspondence as
necessary, or as may be directed by the Posse, and preserve copies thereof.
It shall be the duty of the Secretary to
notify all members of meetings, rides, parades, etc.
The Secretary shall prepare and mail all
notices of special meetings to all members of the Posse, in good standing, at
least five days previous to such special meeting. Such notice shall state the
special business to be considered. Such notice may be printed in
the Posse newsletter.
The Secretary shall enroll in the proper
books, the name, age, occupation, and residence of each member, and note from
time to time therein, all facts of death, suspension, expulsion, withdrawal,
and standing of membership accounts
At the expiration of the term of office
for the Secretary, it shall be the Secretary's duty to deliver to any
successor, all books, papers, and all other property of the Posse which may be
in the outgoing Secretary's possession.
(a)
It shall be the responsibility of
the outgoing Secretary to assist the Secretary-elect in the billing of dues. This is to be done in January of each year.
Section 7. TREASURER.
It shall be the duty of the Treasurer to
collect all dues and any other monies and make deposit of such monies in the
duly authorized depository. The Treasurer shall correctly keep the Posse
accounts in such books as may be required by the Posse. The Treasurer shall
deposit at least once each week, in the bank designated by the Posse, funds to
the credit of the Posse. It shall be the duty of the Treasurer to draw all
checks in payment of any proper indebtedness.
The Treasurer shall keep in such books, as
the Posse may require, true and accurate accounts between the Posse and each
member thereof.
The Treasurer shall, at the first Board of
Directors meeting of each quarter, make a report in detail of the financial
conditions of the Posse as shown by the books of the preceding quarter and the
standing of the membership and all delinquents.
It shall be the duty of the Treasurer to
see that the books are maintained properly, audited and a full and complete
report and accounting be made. The books and other financial records must be
available for audit as the Board deems necessary.
The Treasurer
shall see that all required State and Federal tax reports are filed on a timely
basis.
Section 9. TERMINATION DUTIES.
All officers shall, upon termination of
their office, deliver to their successor all books, papers, or other property
of the Posse which may be in their possession or control.
Section 10. APPOINTED
POSITIONS.
The
President shall appoint members as need
to perform functions including but not
limited to: Chairs of the various standing or special committees, i.e. Big Hat,
Jr. Rodeo, Arena, Stalls, Membership screening, Finance, Nominating, and etc.
Chaplin – To monitor the health and
welfare of members, and etc.
Section 1. POWER OF MEMBERS.
By-Laws may be adopted, amended or repealed at a General or Special meeting by
the majority vote of members present.
The proposed amendment must have been
submitted in writing to the membership 30-days prior to the vote.
Section 2.
INSPECTION OF BY-LAWS.
The President shall have in his
possession, or control, the original of the current By-Laws of the Posse and
they shall be available for inspection upon reasonable notice and a copy shall
be made available to members
Section 3. MEMBERSHIP IN
ORGANIZATION The application approval process can take
several weeks.
(a)
Anyone applying for membership in the Posse must be at least 21-years
old, reside in Monterey County, and be willing and able to participate in Posse
activities.
(b) Applicant
must be invited to meetings/events and then sponsored by a current member, who
has been a Posse member for a minimum of one year. The member should introduce
the guest as a “prospective member” to assist the secretary in tracking the
number of meetings attended.
Sponsor
shall be responsible for inviting the proposed applicant to work parties,
rides, etc. After a prospective member has attended a minimum of six (6)
general membership meetings and has participated in a minimum of six Posse
activities of their choice (Cooking, Big Hat, Jr. Rodeo, Winter ride, Work
parties etc.) such guest may submit an application for membership. A check for the application fee shall be
attached to the application; however, it will not be cashed until the
application is approved by the general membership.
The application
will first be reviewed and the applicant interviewed by the membership
committee. After the membership
committee determines that the applicant has met all of the requirements listed
above, the application will be submitted to the Board for approval. If it is determined that the applicant has
not met the minimum requirements the sponsor will be notified.
(c)
Thereupon, the President shall refer the application of the prospective member
to the Board of Directors for approval.
A “NO” vote by three Board members shall end the consideration of
that applicant for a period of one year.
(d) Once the application is
approved by the Board, the applicant will be required to undergo a background
check as determined by the Posse. No
felony convictions are allowed.
Applicants are required to pay for this background check and the fee is
non-refundable. (Note: Effective May
2003, the Sheriff's Office will no longer fingerprint, do background checks or
interview Posse applicants.)
(e) A “YES” vote by two-thirds of those
the members voting at a general meeting is required for approval. The vote
shall be by secret ballot. Upon approval
for membership, the applicant’s sponsor shall assist the applicant with the
purchase of uniforms. An applicant not receiving the required two-thirds vote
shall be denied membership and may not resubmit an application to the Board for
at least one year.
The Monterey County Sheriff‘s Posse
President or his designee shall swear in new members of the Posse using the
standard County of Monterey Oath of allegiance.
Oath of Affirmation of Allegiance for Civil
Defense Workers & Public Employees:
I, _____________________, do solemnly
swear (or affirm) that I will support and defend the Constitution of the United
States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; that I will well and faithfully discharge the duties upon which I am
about to enter.
________________________________
Signature
Taken and subscribed before me this
_________ day of ____________________, 20____
Section 4. DUES.
Annual Membership dues shall be payable in
advance by January 1st. Dues shall be delinquent April 1st requiring the
surrender of the member's badge and identification card. The annual dues are
currently [$100], but may be changed by the Board with Membership approval.
Section 5. INITIATION FEES.
The initiation fee is $300 $550
plus the current year’s dues. A check for the initiation fee plus current dues
is to be submitted with the application. The initiation/membership
fee was raised by the Board of Directors 2/20/06.
Section
6. MEMBERSHIP NON-ASSESSABLE.
Membership in the Corporation is
non-assessable.
Section 7. BADGES.
Before being issued a Posse badge and
initiation, each member must appear before the Sheriff of Monterey County or
his designee and be sworn in. The President shall then present the member with
a Posse Badge. The Badge remains the property of the Posse. In the event a
member withdraws or is dropped from membership, the badge must be returned to
the President.
All un-issued badges shall be kept in a
secure location at the Posse Grounds.
Badges are to be displayed only at
sanctioned Posse functions. If an alleged violation occurs, it shall be
reported to the Board of Directors and they shall determine if the member has
miss-used the badge and, if so, shall require that it be surrendered to the
President.
Section 8. REMOVALS.
Any officer or director of the Posse, who
becomes negligent in the performance of their duties or whose conduct is
detrimental inimical to the welfare of the Posse may be removed from office by
a two-thirds vote of the members present at any regular meeting.
Should any officer or director miss eight
board meetings within a 12-month period without good cause (as determined by a
majority of the Board), that office shall be declared vacant by the Secretary.
An election shall be held to fill such vacancy at the next regular meeting
following such declaration of vacancy of the office.
Any member, who conducts themselves in an
improper manner or is guilty of any improper or disorderly conduct, shall be
brought before the Board of Directors, who shall investigate the conduct of
such member and, if after said hearing, the charges are found correct, and the
offense warrants the action, the Secretary shall move for that member's
expulsion from membership. It shall require a two-thirds vote of the members
present at the next general meeting to expel that member. In the event of an
expulsion, that membership shall be cancelled.
Section 9. MEMBER OF THE YEAR.
Candidates may be selected for their
outstanding service for that particular year or for continued outstanding
service during their tenure as Posse members.
There shall be a standing member committee
of the last five (5) recipients of the Member of the Year recognition award. If
because of death, illness or other reason one or more of the committee members
cannot serve, then their position on the committee is to be filled by other
recipients on the list in sequential order.
This committee may recommend up to three
(3) candidates for the honor of Member of the Year. The committee chairman, who
shall be the last recipient of the award, shall state the qualifications of the
nominee(s) when the nominations are made. Nominations for Member of the Year
may also be from the floor by any member present. The nominating member shall
state the qualifications of the nominee.
The vote on the Member of the Year
recognition award shall be taken by secret ballot at the October general
membership meeting.
Section 10 LIFE MEMBERSHIP
Nominations for and approval of life
memberships are made at the October general meeting unless there are special
circumstances requiring immediate consideration.
A member in good standing “may be
proposed” for life membership in recognition for services to the Posse for any
of the following reasons:
a.
Turing 65-years of age and having been a
member for at least 20-years
b.
Having retired from the position of
Sheriff of Monterey County
c.
Other unforeseen circumstances. i.e. poor
health.
Section 11. MEMBER CONDUCT
It is the policy of the MCSP that any
member who physically assaults, challenges or threatens to assault another
Posse member or guest at any Posse function shall be subject to disciplinary
action. Furthermore, any member who conducts themselves in a manner which
discredits the Posse, whether at a Posse function or not, shall be subject to
disciplinary action. The Board shall determine the discipline that is
appropriate for a given offences and may:
(a)
Place a member on probation.
(b) Suspend that member
from posse activities for a term to be determined.
(c) Recommend, to the full membership, that a
member be removed from the Posse.
(d) Take other action deemed appropriate.
Section 12. RENTAL OF POSSE PROPERTY
Rental of the Clubhouse, rental of the
Track and Arena, and rental of the Parking lot shall be determined by the
current Monterey County Sheriff's Posse Administration. For current fees refer,
to the Clubhouse and Grounds Manager.
Section 13. PARADE RULES
Any member, who appears for parades in any
manner under the influence of liquor or any intoxicant will not be permitted to ride and may be
subject to discipline.
The decision as to whether or not they
shall ride rests with the President, Captain, First or Second Lieutenant. Their
decision shall be final.
Horses to be well groomed, head stalls in
good appearance; saddles must be clean and of good appearance.. Riders shall
sit erect in saddle and be on the alert for any signal from the Captain or
Lieutenant’s. They shall assist by keeping the lines of march straight and in
formation. All uniforms shall be clean and boots to be polished.
At a regular meeting of the general
membership of the Posse on November 3, 2005, upon a motion being duly made, seconded,
and passed, the above amended By-Laws were adopted and shall succeed any
previous By-Laws and any and all previous amendments thereto.
President
James W. Huggins
Signature of Authorized Official
3/6/06
revised 7/2/09 eliminating the requirement that applicants for
membership reside in Monterey County.