BY-LAWS
OF
PALOMAR MOUNTAIN PLANNING ORGANIZATION
ARTICLE I NAME
Section 1. The name of this organization is the PALOMAR MOUNTAIN PLANNING
ORGANIZATION.
Section 2. All activities of this Organization shall be performed in the name of
the PALOMAR
MOUNTAIN PLANNING ORGANIZATION.
ARTICLE II PURPOSE
Section 1. The purpose of this Organization is to investigate, specify, and
implement planning
goals and proposals for the Palomar Mountain, Community and the Cleveland
National Forest.
These goals and proposals are to provide short and long term guidelines for the
future economic,
social and physical development, with emphasis on the enhancement, management
and
integration of our wide array of environmental and community resources.
Section 2. This Organization shall be dissolved and its affairs wound up when no
general
membership or planning board meeting shall have been held, in a 12 month period.
ARTICLE III DEDICATION OF ASSETS AND DISTRIBUTION ON DISSOLUTION
Section 1. This Organization is not established nor shall it be operated, for
pecuniary gain or
profit, and it does not contemplate the distribution of gains, profits, or
dividends to the members
thereof and is organized solely for the non-profit purposes stated in Article
II, Section 1.
Section 2. The property, assets, profits, and net income of this Organization
are irrevocably
dedicated to the above stated purposes and no part of the profits or net income
of this
Organization shall ever inure to the benefit of any Planning Board member,
office, or general
member thereof.
Section 3. On the dissolution or winding up of this Organization, its assets
remaining after
payment of, or provision for payment of, all debts and liabilities of this
Organization shall be
distributed to a non-profit fund, foundation, or corporation which is organized
and operated for
purposes consistent with those of this Organization.
ARTICLE IV AUTHORITY. LIMITATIONS AND GEOGRAPHICAL BOUNDARIES
Section 1. This Organization was initially formed to respond to various long
range plans
proposed for the Cleveland National Forest. Subsequently, the Organization has
been
recognized by the San Diego County Board of Supervisors as a "Sponsor Group"
pursuant to its
Policy 1-1 entitled "Community and Sub-regional Planning Policies and
Procedures."
Section 2. This Organization shall be non-partisan, non-sectarian, and shall not
discriminate
against any person or persons on account of race, sex, creed or national origin.
The
Organization recognizes that its principle thrust is to assist and to advise;
that it has no regulatory
function in the public or governmental sector, nor do its decisions have a
binding effect in the
private sector.
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voter’s qualifications under Sections two through five hereunder.
Section 2. Property Owner: Shall be defined as any person or corporation who
pays taxes on
any parcel of real property on Palomar Mountain.
Section 3. Resident: Shall be defined as any person who has resided for six (6)
months and
still resides, at the time of the election, in the Palomar Mountain area.
Shall be defined as any person or organization who owns or
manages a business serving people present on Palomar Mountain. Business persons
shall not
include more than three persons or representatives from a business.
voter’s qualifications under Sections two through five hereunder.
Section 2. Property Owner: Shall be defined as any person or corporation who
pays taxes on
any parcel of real property on Palomar Mountain.
Section 3. Resident: Shall be defined as any person who has resided for six (6)
months and
still resides, at the time of the election, in the Palomar Mountain area.
Shall be defined as any person or organization who owns or
manages a business serving people present on Palomar Mountain. Business persons
shall not
include more than three persons or representatives from a business.
Special public meetings may be called by the Planning Board or by written
request of 100 eligible
voters.
Section 3. The geographical boundaries for what is referred to as the Palomar
Mountain
Community shall be as determined from time to time by the Organization's Board
and appended
hereto as Appendix "A."
ARTICLE V MEMBERSHIP ELIGIBILITY AND VOTING RIGHTS
Section 1. There shall be four means of qualifying as an "eligible voter" in
this Organization as
detailed hereafter. No individual may qualify for more than one vote by virtue
of fulfilling the
conditions of more than one of the following four paragraphs. In any instance
each "eligible
voter" must be a natural person of at least 18 years of age. Any petitions to
the Organization
executed by "eligible voters" shall be dated by each voter/signator and shall
also include the
Section 4. Business Person:
Section 5. User: Any person who can demonstrate that he/she has used established
campgrounds in the Palomar Mountain area of the Cleveland National Forest at
least five (5)
overnight times in the last three years, and all of such use shall have occurred
at least three (3)
months prior to voting. No organized group shall be entitled to representation
by more than three
(3) persons.
thereof.
Section 6. Any questions concerning eligibility or voting at general or
membership Planning
Board meetings shall be resolved by the Planning Board, or an appropriate
sub-committee
ARTICLE VI PUBLIC MEETINGS
Section 1. An annual general meeting shall be held once a year on Memorial Day
Weekend.
Section 2. The annual general assembly meeting shall have as the principal item
on its agenda
the election of members to serve on the 15 person Planning Board. After the
initial board
foundation, such membership shall be staggered with annually five (5) members
being elected for
three (3) year terms. For the second and third years of the Organization's
existence, the seats to
be vacated shall be chosen by the lot drawing method. The first drawing of lots
and the first
election of the five members shall be drawn one year after the adoption of these
By-Laws. Lots
may be interchangeable among Board members prior to election. Thereafter the
annual election of
Planning Board members shall simply elect members to fill the seats of those
whose three year
terms have expired. Nominations and further voting policies are contained in
Article VII.
Section 3. The Planning Board may from time to time call for voluntary
contributions at a
public meeting, or find other means for raising money for the purposes of this
Organization.
There shall be no legal liability on the part of any person to pay such sums.
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of the county of San Diego interested in
Members may be re-
filled at the next general assembly meeting, and the vacancy to be filled must
be a part of the
agenda. Between annual general assembly meetings or special public meetings
called for election
resulting from an increase in the authorized number of Planning Board members
which have not
been filled by the public at a general assembly meeting, and including vacancies
resulting form
the resignation, vacation or removal of Planning Board members which are not
filled at the public
general assembly meetings at which such removal has been effected, such
vacancies may be filled
by me vote of the majority of the Planning Board members then in office, or of
the sole remaining
Planning Board member, although less than a quorum exists. A member of this
Planning Board
who shall absent himself from two (2) consecutive regular or special meetings or
four (4)
meetings in any one fiscal year, regular, public or specially called, shall have
his place vacated. A
leave of absence may be granted by the Board.
of the county of San Diego interested in
Members may be re-
filled at the next general assembly meeting, and the vacancy to be filled must
be a part of the
agenda. Between annual general assembly meetings or special public meetings
called for election
resulting from an increase in the authorized number of Planning Board members
which have not
been filled by the public at a general assembly meeting, and including vacancies
resulting form
the resignation, vacation or removal of Planning Board members which are not
filled at the public
general assembly meetings at which such removal has been effected, such
vacancies may be filled
by me vote of the majority of the Planning Board members then in office, or of
the sole remaining
Planning Board member, although less than a quorum exists. A member of this
Planning Board
who shall absent himself from two (2) consecutive regular or special meetings or
four (4)
meetings in any one fiscal year, regular, public or specially called, shall have
his place vacated. A
leave of absence may be granted by the Board.
more Board members.
'•
Section 4. Any person may receive copies of the minutes of the Planning Board
and public
meetings, and the notice of public meetings by paying a fee of Twenty Dollars
($20.00) per
annum, or Ten Dollars ($10.00 for any part of the last six months.
Self-addressed and pre-
stamped envelopes must also be furnished. The year shall commence with the month
these By-
Laws are adopted.
ARTICLE VII PLANNING BOARD
Section 1. The Planning Board, hereinafter referred to as the "Board," shall
consist of fifteen
(15) members who shall serve without compensation.
Section 2. Membership on the Board shall be open to any individual resident,
property owner,
or business person in the Palomar Mountain area
contributing time and effort to achieve the purposes of this Organization.
elected for more than one term.
Section 3. Whenever a vacancy occurs on the fifteen (15) member Board, such
vacancy may be
of members of the Planning Board, any vacancy in the Planning Board, including
vacancies
Section 4. Nominations for Board membership shall be taken from eligible voters
present at the
properly noticed general meeting and may include one or more individuals who
have in oral or
written form indicated a willingness to stand for election and serve to the
Chairperson or one or
Section 5. In instances where requested by a candidate for Board membership, one
alternate
person may run in conjunction with a candidate for the Board. When a Board
member and an
Alternate are elected at general public meetings, the primary member shall be
responsible for informed participation on the Board, but may allow his or her
Alternate to attend
and vote in his or her place. However, no Board member having an Alternate
elected by the
general membership may be represented by his or her Alternate on more than two
consecutive
meetings, regular or special. At the third meeting, regular or special, if the
Board member is not
present, irrespective of whether or not the Alternate is present, the Alternate
shall not be allowed
either vote or attendance credit for such meetings. Board members may not vote
at Board
meetings by proxy, nor shall there be permitted telephonic voting.
Section 6. Eligible voters present shall vote in a secret ballot for members of
the Planning
Board, according to whatever methods are from time to time established by the
Planning Board or
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a quorum for the purposes of
a designated sub-committee thereof, with a simple majority being required to
pass measures or
elect members unless otherwise required herein.
Section 7. The Board shall have the discretion to determine whether an absence
shall be
"excused."
ARTICLE VIII DUTIES OF THE PLANNING BOARD
Section 1. The Board shall hold regular public meetings quarterly at a time and
place set by the
Board, annually.
Section 2. The Board shall conduct such business and take such action in open or
closed
session as it may determine to be necessary to accomplish the purposes of this
Organization.
Section 3. Seven members of the Board shall constitute
transacting business.
Section 4. Every act or decision taken by a majority of the Board present at a
meeting duly
called and held shall be considered an act or decision of the Board.
Section 5. Special meetings of the Board for any purpose or purposes may be
called by the
Chairperson or if he is absent, by the Vice Chairperson or by the Secretary upon
the written
request by four or more Board members. Written notice of the time and place of
any special
Board meeting shall be given each Board member, personally or by mail, at least
three days prior
to each meeting. The notice shall also state the purpose of such meeting.
Additional agenda items
and purposes for the meeting may be added to the noticed purpose statement by
the majority of
the quorum of Board members present.
EXCEPTION: In the absence of notice, the Secretary shall confirm that all Board
members
have been contacted or that a reasonable effort has been made to do so. Any
action shall require a
majority vote of the entire Board.
Section 6. Any interested person may attend any regular meeting of the Board,
but will not be
allowed the privilege of making, seconding or voting on motions.
in discussions at the discretion of the presiding Chairperson of the meeting.
ARTICLE IX RECALLING MEMBERS OF THE PLANNING BOARD
Such persons may participate
Section 1. Any member on the board may be recalled by a majority vote at a
special meeting
called for that purpose. Such meeting must be initiated by a petition signed by
100 eligible
voters. The petition must be completed in any thirty day period with dated
signatures thereon.
The special meeting must be called within thirty days after the petition is
submitted to the board.
Recall shall be accomplished by a majority vote of those eligible voters present
at the special
meeting. Any vacancies resulting from a recall may be filled by an election held
at the meeting.
Only five members or one third of the Board, whichever is least, may be recalled
in any ninety
(90) day period.
ARTICLE X OFFICERS
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the
Chairperson shall preside at all meetings of the Board and shall be an
ex-officio member of all
In the absence of the chairperson, the vice-chairperson shall
the
Chairperson shall preside at all meetings of the Board and shall be an
ex-officio member of all
In the absence of the chairperson, the vice-chairperson shall
Section 3. Secretary:
chairperson of the Board. The secretary's duties shall include: preparation of
the minutes of
general and Planning Board meetings; maintenance of attendance records, which
shall include the
names of all Board members present at each meeting; maintenance of a current
list of Board
members which shall be made available upon request.
Section 4. Treasurer: The treasurer shall receive all monies and deposit same in
the bank in the
name of the Palomar Mountain Planning Organization. The treasurer shall pay all
bills as
directed by the Board. The treasurer shall keep an account of all his
transactions as treasurer and
of the financial condition of the Organization. All checks or orders for the
payment of money
issued in the name of the Organization shall be signed by such officers and in
such a manner as
shall from time to time be determined by a resolution of the Board. In the
absence of such
determinations by the Board such instruments shall be signed by the treasurer
and the
chairperson, or vice-chairperson.
Section 5. Each officer shall have such powers and perform such duties as
normally pertain to
his office except as otherwise provided by these By-Laws or by resolution of the
Board.
ARTICLE XII COMMITTEES
Section 1. The officers of the Board shall be elected by and from the members of
the Board at
the meeting following the annual general membership meeting and shall assume
their duties
immediately.
Section 2. The officers of the Board shall be a Chairperson, Vice-Chairperson,
Secretary,
Treasurer, and other officers as the board may deem necessary to carry out the
work of the
Organization.
ARTICLE XI DUTIES OF THE OFFICERS
Section 1. Chairperson: The Chairperson shall be the principal officer of the
Board and shall
have general supervision and direction of the officers and business of board.
The
sub-committees.
Section 2. Vice-Chairperson:
exercise all the powers of the chairperson.
The secretary shall attend to all correspondence under the direction of the
Section 1. The chairperson shall have the power to appoint committees necessary
to carry on
the progress of the Board.
Section 2. The chairperson of committees shall be appointed form the board.
Members may be
from the Board or other eligible voters.
Section 3. Each committee shall elect its own recording secretary who shall keep
the minutes
of each meeting and submit them to the chairperson of the committee and Board
for review and
filing.
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