Exeter Veterans Memorial District Bylaws
By-Law No.1: Meeting Time and Place
Regular meetings of the District shall be held on the second Tuesday of every month at 5:00 p.m. in the Exeter Memorial Building, Room in accordance with the Brown Act, Government Code section 54950 et seq. Regular meetings may be adjourned for lack of a quorum or any attendance as provided in the Brown Act. Special meetings may be called as provided in the Brown Act. All meetings will be open to the public, except for closed session, and held in accordance with the Brown Act.
By-Law No. 2: Election of Officers; Officer Terms:
The election of officers shall be held at the first meeting of each calendar year at which all Board members are present. In addition, an election of officers will be held whenever a majority of the Board so desires, providing that the matter is placed on the agenda in accordance with the Brown Act and all Board members are present. Officers will consist of a president, vice-president and secretary. Each officer shall serve until a replacement has been elected, until the officer’s term on the District Board expires, or until the officer resigns, is removed from office of Director or otherwise vacates his seat as a Director, whichever occurs first.
By-Law No. 3: Quorum; Voting; Procedure:
- A majority of the Board shall constitute a quorum for the transaction of business.
- All official acts of the Board must receive the affirmative vote, signature, or approval at an official meeting by at least three members of the Board.
- All official Acts will be taken by motion, second and recorded vote. No vote may be rendered by proxy or in absentia. If an official act does not a receive either a three vote for or against, the matter shall be continued to the next meeting.
- It shall be the duty of each Direct present at a meeting to vote “aye” or “nay”, unless excused from voting because:
- of a personal or pecuniary interest in the matter under consideration; or
- the law otherwise declares participation to be a conflict of interest; or
- they are disqualified by reason of absence from the hearing on the matter the decision on which under law must be based upon findings supported by testimony and/or other evidence introduced in the proceeding.
If the Director is excused from voting, the abstention shall not be counted as either an “aye” or “nay” vote.
- These By-laws establish the basic procedure of conduct of meetings. The Robert’s Rule of Order, Revised, may, by majority vote of the members present, be used as the parliamentary authority, except when in conflict with the laws of the State of California, including the California Government Code, the California Military and Veterans Code and the Brown Act, to resolve conflicts or disputes as to procedure but shall not supersede these by-laws. Except as otherwise provided by law, these by-laws or any one thereof may be suspended by a majority vote of the Board.
- Nothing herein is intended to abrogate the judicially declared “rule of necessity”, adopted in the State of California, pertaining to the duty of members of public legislative and administrative bodies to vote on matters which require their action.
By-Law No. 4: Agendas
An agenda shall be prepared for each meeting by the Secretary or District manager and shall be posted and mailed in accordance with the Brown Act. Directors and the District Manager must submit matters to be placed on the agenda of regular meetings at least 3 days before the agenda must be posted. No matters may be taken up which are not on the agenda except as allowed in the Brown Act.
By-Law No. 5: Duties of the Officers
- The President shall conduct the meetings. If the President is not present, the Vice-President shall conduct the meetings. If neither President or the Vice President are present, the Secretary shall conduct the meetings.
- After approval or upon direction by the Board, the President shall sign all contracts on behalf of the District and shall certify to the County Auditor all lawful demands against the District payable from the appropriate Memorial District Fund. The President shall perform any other duties imposed by the Board.
- The Secretary shall countersign all contracts on behalf of the District, keep the records and minutes of the District and perform any other duties assigned by the Board or required by law.
By-Law No. 6: Directors Terms and Vacancies; Public Roster Statement:
- Directors are elected pursuant to the Military and Veterans Code and the Uniform District Election Law, Elections Code section 23500 et seq. Elections are held in the first Tuesday after the first Monday in November of odd number years. Terms of Directors are staggered with two elected at one election and three at the another election two years later. Terms are for four years and begin on Noon on the first Friday in December after the election.
- If a Director resigns, passes away or is removed from office, his or her seat will become vacant and shall be filled in accordance with Government Code section 1780. If a Director moves out of the District or misses three or more consecutive meetings, the Board may convene a hearing at a regular meeting to determine if such Director has vacated his seat. If the Board determines by majority vote that the seat has been vacated, the vacancy shall be filled in accordance with Government Code section 1780. If the Board fails, at a regular or special meeting, to appoint to fill the vacancy within 60 days, the Secretary or the District Manager shall immediately notify the Clerk of the Board of Supervisors SO that the Board of Supervisors may appoint within the Thirty days allowed under Government Code section 1780.
- Government Code section 53051 requires the District to file with the Secretary of State and the County Clerk a statement of facts including the name and address of each member of the Board and the name and address of the President and Secretary of the Board. The Secretary or the District manager shall cause this statement of facts to be filed within 10 days of any change of the facts to be given therein.
By-Law No. 7: Amendments to By-Laws and Personnel Policies:
Amendments to the By-laws and the Personnel Policy shall be adopted according to the following procedure:
- The proposed amendments shall be placed on the agenda for a first reading. If accepted as read and no changes are made, the proposed amendments will be scheduled on the agenda and adopted at the next meeting.
- If changes are made, the proposed amendments with changes shall again be placed on the agenda for a first reading. If accepted as read and no changes are made, the proposed amendments will be scheduled on the agenda and adopted at the next regular meeting.
- In the case of an emergency, the Board may, by unanimous vote, determine an emergency, waive the procedure set out herein, and adopt the proposed amendments, with or without change, at any meeting where the proposed amendments are on the agenda in accordance with the Brown Act. d. The Board is not obligated to adopt any proposed amendments by the initiation of this procedure.
By-law No. 8: Rules and Regulations for Use of District Property:
The Board of Directors shall adopt by resolution written rules and regulations regarding the use of the Memorial Building and grounds. Such rules and regulations shall set forth the rules for the use of the property and include the fees that shall be charged for such use. The Board of Directors may amend such rules and regulations by resolution.
By-law No. 9: Public Comment Period:
The Brown Act authorizes the Board to adopt reasonable regulations for public comment as follows:
- A fifteen minute period of time for the public to comment on matters within the jurisdiction of the Board shall be posted on the agenda.
- Members of the public shall have up to three (3) minutes to address the Board.
- Only comments pertaining to matters within the jurisdiction of the Board will be allowed.
- Members of the public shall be allowed to comment on a first come, first served basis. In order to determine the order of comment, an optional sign-up sheet may be posted at the entrance of the meeting room. Persons who do not wish to sign-up shall comment last.
- In general, the Board will schedule public comment at 7:00 p.m. The Board may change the public comment time to fit its schedule.
- In accordance with the Brown Act, the Board will not take action on any matter raised at public comment but may ask clarifying questions and/or direct that the matter be placed on a future agenda for Board action.
By-Law No. 10: Conduct of Public Hearings:
The Board may reasonably determine the amount of time to be spent in a public hearing. In the conduct of the public hearing, the presiding officer may limit the amount of time each person may address the Board and may direct those making the presentations to avoid repetition in order to permit the maximum information to be provided the Board within the time allotted. Comments may be submitted in writing either before or during the public hearing. Any hearing may be continued as often as desired by the Board and not in conflict with the law to a specific meeting or continued indefinitely to be renoticed when a date is later set by the Board.
By-Law No. 11: Decorum; Enforcement:
- Directors shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Board nor disturb any member, nor refuse to obey the orders of the Board or the presiding officer, except as otherwise provided herein. No Director or member of the public shall engage in unruly conduct, such as undue noise, hissing, profanity, insults or physical disturbance. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Board may be forthwith barred by the presiding officer from further audience before the Board at the meeting, unless permission to continue is granted by a majority vote of the Board.
- All law enforcement officers shall be sergeants-at-arms of the Board meetings. Such person, or persons, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Board meetings. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms to place any person who violates the order and decorum of the meeting under arrest, and case them to be prosecuted under provisions of applicable law.