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HomeMy WebLinkAbout01/09/1989, C-2 - BY-LAWS OF THE ASSOCIATION OF CALIFORNIA CITIES ALLIED WITH PRISONS (ACCAP) MEETING DATE: 1111111111w#� city of san W.Z oB1SpO January 9, 1989 IftZe COUNCIL AGENDA REPORT SEM FROM: Councilwoman Penny Rappa Prepared By: Pa es SUBJECT: BY-LAWS OF THE ASSOCIATION OF CALIFORNIA CITIES ALLIED WITH PRISONS (ACCAP) CAO RECOMMENDATION: Request the City's representative (Rappa) to ACCAP to express support of the newly established association and its proposed by-laws at its next meeting. BACKGROUND: Attached are the "Bylaws" for the Association of California Cities Allied with Prison (ACCAP) , as drafted by Rodney J. Blonien, Attorney at Law, and Bill Kime, City Manager for the City of Folsom. In order to review the by-laws at its January 12-14, 1989, ACCAP meeting in Blythe, they have requested that the City of San Luis Obispo review the by-laws and be prepared to support or amend them at that meeting. _ I understand that a formal invitation and agenda will follow shortly. PV:bja Attachments: Memo from Jack Kipp, City of Folsom By-laws `.tY p 50 Natoma Street (i Folsom. Cn11£ora1a 95630 (916) 355-7220 F O L S O M � December 12, 1988 RE: ASSOCIATION OF CALIFORNIA CITIES ALLIED VITH PRISONS (ACCAP) Dear Mayor & Council Members: Enclosed you will find the "Bylaws" for the Association of California Cities Allied with Prisons (ACCAP) , as drafted by Rodney J. Blonien, Attorney at Law, and Bill Kime, City Manager for the City of Folsom. In order to review the Bylaws at our January 12-14, 1989, ACCAP meeting in Blythe, we would very much appreciate it if you would distribute a copy to each of your Council Members and City Manager so that you can become familiar with the contents. The ACCAP Bylaws will be one of the items on the business portion of the agenda. C .. r formal invitation and the agenda will follow shortly. We o 8rd to seeing you in Blythe. i Sinner � I Mayor JK:gr Enclosure RECEIVE [ C DEC 1 51986 CITYCLERK SAN LUIS68SPO.CA BYLAWS ARTICLE I. Name The name of this .Association is the "Association of California Cities Allied with Prisons" or in short form "ACCAP" or the "Association. " The. ACCAP is an unincorporated association existing pursuant to the laws of the State of California. ARTICLE II. Purposes and Objectives Section 1. To promote and encourage a better understanding of cities with prisons or cities considering prisons. Section 2. To promote, encourage and develop the best interests of cities with prisons or cities considering prisons. Section 3. To seek the reform of problems relating to prisons in' cities and to disseminate accurate and reliable information with respect thereto. — � Section 4. To work with the Department of Corrections., League of Cities , Cities with Prisons, California Correctional Peace Officers and any other department , committee, support group or organization to promoteand develop programs and to work in a cooperative spirit with ACCAP. Section S. To promote cooperation among cities and their associations all in lawful matters of common interest with respect to prisons. Section 6. To do any and all other lawful acts to help better serve cities with prisons or cities considering prisons; to promote any other legitimate common interest of ACCAP members. Section 7. To provide methods and means to coordinate and unify the activities of cities with prisons or cities considering prisons by using the combination of effort available through the Association acting as a common body. i / �s I. ri ARTICLE III . Membership CSection I . City Membership. Any city, incorporated or unincorporated , which in the normal conduct of its business , has or is considering having a prison within its city limits shall be eligible for membership in the Association. Each membership shall be nontransferable. Section 2. Special Membership. The Board of Directors ( in their sole discretion) shall have the authority to provide for special memberships or classes of special memberships. Section 3. Election to Membership. Application for membership must be filed with the Board of Directors upon forms prescribed by the Board. An application must be accompanied by an application fee as provided by the Board. Only persons or organizations approved for membership by the Board may be members. All membership applications submitted to the Board must be approved by a majority vote of the Board of Directors , then present and voting , at a meeting of the Board. Only regular- members in good standing shall be entitled to vote. Section 4. Members in Good Standing. Any regular member or special member who has paid in full all dues levied by the Association shall be a member in good standing. The decision of the Board of Directors as to which members of the corporation are "members in good standing" shall be conclusive. �i ARTICLE IV. Membership Meetings and Voting. Section 1. Annual Meeting. The Annual Meeting of the Membership shall be held at a time as close as possible to the end of January, the time and place to be determined by the Board of Directors. The membership shall be given at least 10 days notice by mail. The notice of the meeting shall state the business to be transacted thereat. Section 2. Special Meetings. Special meetings of the members can be called by the President or a majority of the Board of Directors, and shall be called on written demand of at least two-thirds of the voting regular members in good standing of the Association. Notice of any special meeting shall be given in the manner provided in Section 3 of this Article IV. Section 3. Notice of Special Meetings. It shall be the duty of the Secretary to cause notice of any special meeting to be delivered to each regular member, either personally or by mail , at its last known mailing address at least five ( 5) days prior to the date when the meeting shall be held , and such notice may be written or printed. The notice shall state the special purpose for which the meeting has been called and the business ,— to be transacted at the meeting . 2 I Section 4. Quorum. At any meeting of the members , either annual or special , a majority of the voting members represented in person shall constitute a quorum for the transaction of business . During any meeting at which a quorum is present, the meeting may continue until adjournment, even though voting members withdraw from the meeting prior to adjournment so as to leave less than a quorum. Section S. Voting. At any meeting of members , every city member in good standing shall have one vote and must vote in person. Section 6. Proprietary Interest. During the existence of this Association, no member. shall own or benefit from any property owned by the Association. Section 7. Dues. The amount of dues owing to the Association and provisions for payment thereof, shall be fixed and determined by the Board of Directors. A member is subject to expulsion from membership for delinquency in payment of dues. Section 8. Procedure. All meetings shall be Robert ' s Rule of ucted in accordance with the parliamentary procedure Order. ARTICLE V. Board of Directors Section 1. Number, Election, and Term of Office. The elected Board of Directors shall consist of five ( 5) city members. Directors shall be elected by the voting membership at each annual meeting as follows : at an annual membership meeting of the members, five ( 5) Directors shall be elected to serve staggered, two-year terms. The initial terms shall be of varying length and determined by lot. Each Director shall hold office of his perm a andual untilhissuccessor lshalldesignated be nduly elected and has assumed office. Section 2. Regular Meetings. The Board of Directors shall hold at least one (1) regular meeting per year. Section 3. Special meetings., Special meetings of the Board may be called at any time by the President or at the request of a majority of the Board members. Section 4. Quorum. At any meeting of the Board of Directors, aquorum for the transaction of business shall consist of a majority of Directors,, but if at any meeting of the Board there be less than a quorum present, a majority of those present may adjourn the meeting from time to time without notice until a quorum shall attend. All decisions and elections of the Directors shall be by majority vote. Each member of the Board has one ( 1) vote; no proxies are allowed. 3 Section 5. Vacancy. In the case of any vacancy in the Board of Directors through death, resignation, disqualification or other cause , the remaining Directors , by affirmative vote of the majority thereof, shall elect a successor to hold office until the next annual meeting at which time the members shall elect a successor to fill the unexpired portion of the original term. Section 6. Removal. If , in the judgment of two-thirds of the Board of Directors, due cause is found for the removal of a Director, such Director shall be advised in writing by the President the basis for such decision; however, he shall have full right of appeal to the Board at its next regular meeting. The Director must give written notice to the President within fourteen ( 14) days of his intention to appeal and shall retain his rights as full Director until his appeal has been acted upon and his removal sustained by two-thirds of the Board Members present and voting. The subject Director shall not be eligible to vote or to be present when the vote is taken on his removal. Section 7. Authority of the Board. The Board of Directors is the governing body of the Association. The Board has authority to make rules and formulate policies of the Association. The actions of the Board shall be published and made available to all members of the Association. Section 8. Chairman. The President of the Association shall ~-' serve as Chairman of the Board of Directors. Section 9. Annual Report. The Board of Directors , through the President , shall render an annual report at each annual meeting of the membership. ARTICLE VI. Executive Committee Section 1. Members. The Executive Committee shall be comprised of the Board of Directors. Section 2. Authority. The Executive Committee shall possess and may exercise all the powers of the Board of Directors between meetings of the Board. In general , the Executive . Committee is responsible for the coordination, management , and administration of the affairs of the Association. The actions of the Executive Committee shall at all times, be consistent with the budget , programs and policies of the Board of Directors to which it shall report its actions. Section 3. Meetings and Voting. The Executive Committee meets at the call of the President . . Each member of the Executive Committee is entitled to one vote. Proxies shall not be allowed. 4 ARTICLE VII . Officers \ Section 1. Elective Officers. The elective officers shall be the President , one ( 1) Vice President , a Secretary/Treasurer, and two ( 2) members elected at large. Section 2. Nomination and Election. Prior to the annual meeting of members, the nominating committee shall prepare a slate of nominees for officers of the Association. The officers shall be elected by the members at the annual meeting of the members. Section 3. Term of Office. Each officer shall hold office until the annual meeting of members designated as the end of his term, and until his successor shall be duly elected and has assumed office. Section 4. President. The President shall be the chief elected officer of the Association and shall preside at all meetings of the Board of Directors , Executive Committee and membership of the Association. He shall have, perform, and discharge the duties as the Board of Directors from time to time may prescribe. Section 5. Vice Presidents. A Vice President , upon the appointment of the President or the Executive Committee, shall perform the duties of the office of the President in the absence or indisposition of the President. Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be responsible for all monies of the Association, collect al.l dues and assessments, and shall have the custody of the funds and other assets of the Association, subject to the discretion and control of the Board of Directors. The Secretary/Treasurer shall be responsible for a correct and accurate accounting of all monies received and dispersed and of the final condition of the Association. The Secretary/Treasure-r shall be responsible for a complete roll of the names and addresses of the Board of Directors and officials of affiliated chapters of the Association. The Secretary/Treasures shall be responsible for the taking and keeping of minutes accurately reflecting the proceedings at all meetings of the Association and shall . have, perform, and d.i.scharge the duties usually pertaining to such office and such other powers and duties as the President and the Board of Directors may from time to time prescribe. The Secretary/Treasurer shall report to the Board of Directors and Executive Committee at its regular meetings and to the members at the annual meeting. The books of the Association shall be audited in accordance with the provisions of these Bylaws. The Secretary/Treasurer may appoint an Assistant Secretary. C� 5 ARTICLE VIII . Staff (� Section 1. The Association at this time does not anticipate employing staff. ARTICLE IX. Finances Section 1. Fiscal Period. The fiscal period of the Association shall be January 1 through December 31. ARTICLE X. Amendments Section 1. Amendments. Amendments to the Bylaws may be proposed by any city member in good standing to the Executive Committee at least thirty (30) days prior to the annual meeting of the Association. The Executive Committee shall study and draft such proposed amendments in proper language for submission to the membership. Section 2. Notification. Notice of any proposed change must be sent in writing to the membership at least ten (10) days in advance of the annual meeting. The notice shall include the proposed amendment and reasons therefore. A vote of two-thirds of the city members present and voting is necessary to amend_ the Bylaws. ARTICLE XI. Indemnification Each person who has been, now is , or hereafter shall be a member of the Board of Directors may be indemnified by the Association through insurance designated for the purpose, to protect against awards in excess of its treasury funds and as permitted by law against all expenses reasonably incurred by him in connection with any action, suit, proceedings for the settlement or compromise thereof, or payment of any judgment or fine resulting therefrom in which he may become involved by reason of any action taken or omitted by him, provided that such action was taken or omitted in good faith for the Association. ARTICLE XII. Dissolution By two-thirds vote of the membership of the Association, the Association may be dissolved. In such event, the assets of the Association shall be applied by the Board of Directors, or if not by the Board of Directors, by an Order of the proper Court, toward the payment of all obligations of the Association. 6 Y l \ I I I ARTICLE XIII. General Provisions Section 1. Notes. All drafts , notes, contracts and other obligations of the Association shall be signed by such person or persons as may be designated by the Board of Directors. SAC1228A 7 Y: _ nNG v"' AGENDA DATE JAN 9 'as RENI `-J CITY OF SAN LUIS OBISPO • FINANCIAL SERVICES STUDY PHASE I - USER FEE ANALYSIS CITY COUNCIL STUDY SESSION PRESENTATION I. FINANCIAL SERVICES STUDY PROJECT OVERVIEW Ca'donbytion by Lead Person A. Background B. Scope .1. Phase I - Cost Allocation Plan and User Fee Analysis rPhase II - Comprehensive Financial Planning 3. Phase III - Plan Implementation/Project Financings II. USER FEE ANALYSIS A. Cost Allocation Plan Methodology RECEIVED 1. Purpose of Cost Allocation Plans 2. Pyramid Approach aT1'CLERK a. City-wide b. Departmental c. Executive Summary B. Cost of Services/User Fee Recovery 1. Enterprise Funds 2. Governmental Operations a. Public Safety b. Community Development c. Leisure, Cultural, and Social Services C' III. COST RECOVERY POLICY A. Current Policy 1. Recreation Programs 2. Enterprise Operations 3. Special Events B. Methodology 1. How Much a. General Purpose (Tax) Revenues for Community-Wide Services b. Service Charges for Special Services 2. Who a. Service Recipient b. Service Driver 3. Historical Use of Fees 4. Effect of Pricing on Demand for Services 5. Ability to Fund General Purpose Programs and Projects IV. INITIAL COST RECOVERY RECOMMENDATIONS A. Public Safety B. Community Development C. Leisure, Cultural, and Social Services V. FUTURE ACTIONS A. Community Review B. Comprehensive Fee Schedules C. Public Hearing D. Fee Implementation �.` E. Ongoing Review