Kern County Chapter of the
California
Grand Jurors' Association

Bylaws

GRAND JURORS’ ASSOCIATION OF KERN COUNTY
A CHAPTER OF THE CALIFORNIA GRAND JURORS’ ASSOCIATION
Chapter Bylaws and Governing Rules
Adopted March 13, 2008; Ammended January 08, 2009

Name and General Rules
Article   1:  OFFICE
Article   2:  PURPOSE
Article   3:  GOVERNING RULES AND POLICIES
Article   4:  MEMBERS
Article   5:  DIRECTORS
Article   6:  OFFICERS
Article   7:  COMMITTEES
Article   8:  CHAPTER RECORDS
Article   9:  FISCAL YEAR
Article 10:  PARLIAMENTARIAN AUTHORITY
Article 11:  BYLAWS AMENDMENTS
Article 12:  CHAPTER DISSOLUTION
Article 13:  LIMITATION OF LIABILITY

NAME AND GENERAL RULES

The name of the organization shall be the Kern County Chapter of the California Grand Jurors’ Association. The Kern County Chapter is joined with the California Grand Jurors' Association (CGJA) in promoting the purposes of the CGJA Articles of Incorporation and shall advance the goals and objectives of the CGJA within the State and particularly within Kern County to develop competence, serve as resource enabler, initiator of action and communicator of information.

A.  The Kern County Chapter is organized exclusively for charitable and educational purposes under section 501(c) (3) of the Internal Revenue Code.

B. No substantial part of the activities of this corporation shall consist of attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office.

C.  The property of this organization is irrevocably dedicated to charitable or educational purposes and no part of the net earnings of the organization shall inure to the benefit of, or be distributed to its members, trustees, officers or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof.

ARTICLE I:  OFFICE

The principal office of the Kern County Chapter of the CGJA for the transaction of business is located at the Presidents address.     

ARTICLE 2:  PURPOSE

The chapter accepts the purposes of he CGJA as part of its own purposes as stated below:

     1.  To provide the general public with informational and educational materials and activities on the California Grand Jury system that will help increase public awareness of the valuable role the grand jury plays in our democratic system of government;

     2.  To promote local comprehensive training and orientation of all new grand jurors throughout the county;

     3.  To promote adequate funding, office and meeting facilities, and other support as typically required by grand juries to be provided to them in all counties throughout the state pursuant to fulfilling their lawful duties;

     4.  To promote the preservation of all grand jury reports issued throughout the state during its history both in counties of origin and in a centralized state archival repository accessible to the public, historians, scholars, students and other researchers;

     5.  To advocate publication of all grand jury reports and official responses to those reports in a public newspaper or other medium for community-wide distribution to educate the public regarding the final grand jury investigative findings and recommendations and the official reactions to them;

     6.  To advocate that social studies and history classes and texts in California secondary schools contain comprehensive information regarding the role of the grand jury in California:

     7.    To disseminate information to Chapter members and the public about activities regarding the Grand Jury through the Kern County Grand Jury Association web site (kern.cgja.org).

     8.    To promote an annual statewide conference of grand jurors and others interested in matters pertaining to the preservation and enhancement of the California Grand Jury institution;

      9.     To work toward the preservation and enhancement of the grand jury system by studying issues or legislation that specifically pertains to the grand jury and to make recommendations based on non-partisan analysis to the appropriate body or legislature;

     10.   To undertake any other efforts consistent with the foregoing that will increase the public knowledge of the grand jury system and the contributions it has made and continues to make to California’s citizenry and toward good government.

ARTICLE 3:  GOVERNING RULES AND POLICIES

The Kern County Chapter is organized within the structure of its own bylaws and policies.  The Board of Directors shall be the governing body of this organization and subject to California Grand Jurors’ Association bylaws and policies.  The Bylaws of the CGJA takes precedence and if the Bylaws of CGJA are amended, applicable changes shall be effective for the Chapter, and membership of the Chapter shall act to amend Chapter Bylaws accordingly.

     1.  The Chapter shall have a board of directors elected by the membership.  The Board of Directors shall be responsible for the election of Officers and Committee Chairpersons.

2. A majority of the Chapter Board of Directors shall be required to constitute a quorum to conduct Chapter business.

    3.  The Chapter Board of Directors shall designate a contact person with CGJA who will be responsible for reporting any changes of the chapter’s bylaws or rules to the CGJA President.  The Chapter shall undertake to support the programs and advocacy positions of the CGJA.

     4.  The CGJA and the Chapter will use their best effort to undertake an annual project mutually agreeable to the Chapter and to the CGJA.

     5.  The Chapter shall advise the CGJA board of directors if at any time it finds itself unwilling or unable to conform to these requirements.  Such advice shall include the Chapter’s recommendation as to actions needed to return the Chapter to conformance with CGJA requirements.  The CGJA Board of Directors will decide whether the Chapter proposals are adequate and, if not, what action will be required up to and including revocation of the Chapter’s charter.

     6.  The chapter shall provide a list of all paid employees of the chapter to the CGJA President.

     7.  The Chapter is organized and operated exclusively for charitable purposes which have a tax exempt status under Section 501(c) (3) of the Internal Revenue Code.  The Chapter shall submit all required documents to appropriate entities.

ARTICLE 4:  MEMBERS

Section 1:  QUALIFICATION

Qualification for membership:  An individual must have served, or is serving, on a regular Grand Jury per the California Penal Code, Sections 888 and 901; and who is in good standing in the Chapter having complied with the Chapters requirements for membership, including the payment of dues. Grand Jurors who have been found guilty of serious criminal charges or who have not shown integrity regarding their confidentiality oath shall be excluded from membership.

Section 2:  ACTIVE VOTING MEMBERS

An Active Member is a person who is serving or has served as a member of the Kern County Grand Jury, in the State of California, per California Penal Code, Sections 888 and 901. An Active Member has one vote and has full membership rights and privileges, including any rights and privileges that derive from the Chapter’s relationship to the CGJA. 

Section 3:  SUPPORTIVE MEMBERS

Supportive members are individuals or companies who wish to participate and/or support the mission of the Kern County Grand Jury Association.  A Supportive Member has all the rights and privileges of an Active Member except the right to vote and be on the Board of Directors.

Section 4:  HONORARY MEMBER

An Honorary membership may be granted by the Board of Director’s for outstanding service to the organization.  An Honorary Member cannot vote and does not have the rights and privileges of an Active Member, with the exception that Honorary Members may be appointed by the President to serve on committees.

Section 5:  MEMBERSHIP DUES

An Honorary membership may be granted by the Board of Director’s for outstanding service to the organization.  An Honorary Member cannot vote and does not have the rights and privileges of an Active Member, with the exception that Honorary Members may be appointed by the President to serve on committees.

Section 6:  RESPONSIBILITIES OF VOTING MEMBERS

The Chapter voting members are responsible for the election of a Board of Directors to whom they delegate responsibility for the direction of the nonprofit Chapter in accordance with the provisions in the Bylaws.

Section 7:  ANNUAL MEMBERSHIP MEETING

The annual membership meeting shall be held in January. The following items shall be on the agenda:

       1.  Report by the Board of Directors - work done, planned program and                financial position;
       2.  Installation of Officers and/or Directors;
       3.  Other Business as agreed by the Board of Directors.

Members shall be notified by mail 30 days prior to the Annual Meeting.

ARTICLE 5:  DIRECTORS

Section 1:  NOMINATION AND ELECTION OF BOARD OF DIRECTORS

The Chapter President shall appoint a three person Nominating Committee made up of two members at large and one Director not less than ninety days before the Annual Membership meeting of the Chapter.  The Director will be Chairperson of the Nominating Committee who shall present to the Chapter membership a slate of nominees for the Directors of the Chapter.  Nominations from the floor may be received when the nomination is proposed in a motion, seconded.  No member shall vote by representation, by proxy, or by absentee ballot.

Directors are elected at the Chapter annual membership meeting.  The elections shall be by secret written ballot and a majority of all votes cast shall be necessary to elect. Should there be but one person nominated for each office, the election may be by voice vote. 

Section 2:  NUMBER

Chapter Officers and Chairpersons of standing Committees collectively shall be known as the Board of Directors.  The Chapter shall have no less than seven (7) members on the Board of Directors.  The President with ratification of the Board of Directors may appoint up to three (3) additional members for one year from the date of the appointment to serve the interests of the Chapter.  A Director must be a member of the Chapter in good standing.

Section 3:  POWERS

Subject to the provisions of the California Grand Jurors’ Association Articles of Incorporation and Bylaws, the activities and affairs of the Chapter shall be conducted by the Chapter Board of Directors.

Section 4:  DUTIES

It shall be the duty of the Directors to take actions needed to establish a program of activity for the Kern County Chapter in support of the sitting grand jury in the Chapter’s home county.  Each Director will provide their e-mail and mailing address to the Chapter Secretary.  The Directors as a body will establish meeting times for the Chapter membership and for the Board of Directors.  The Directors will establish and maintain close ties with the Membership and Chapter Relations Committee of the California Grand Jurors’ Association.  It shall be the responsibility of the Directors to perform any and all duties required of them by law and these Bylaws.

Section 5:  TERM OF OFFICE

Each Director shall hold office on the Board of Directors as specified in these Bylaws, and until his or her successor is elected and qualifies.  The term of office will be two (2) years, ending at the close of the annual meeting or until successors are elected; whichever comes later. A Director may serve no more than three (3) consecutive two-year terms. Such a person will be eligible to serve again as a Director after a period of one year.

Section 6:  PLACE OF MEETINGS

Meetings shall be held at a designated place by resolution of the Board of Directors.  Meetings may be held by conference telephone if the President elects to do so, and is ratified by the Board of Directors.

Section 7:  REGULAR MEETINGS

Regular meetings of the Board of Directors shall be held no less than two (2) times per year.  Times and place of the meetings are set by the Board of Directors.

Section 8:  SPECIAL MEETINGS

Special meetings of the Chapter Board of Directors may be called by the President, Vice Presidents, or Secretary.  The purpose of a special meeting is to address important business matters that require action before the next regular meeting.

Section 9:  NOTICE OF MEETINGS

Notice of meetings shall be made by the Secretary. The Regular meetings of the Chapter Board of Directors shall have notice of no less than 10 days and no more than 30 days.  Special meetings shall be held upon at least five (5) business days notice by Email and (7) business days for first class mail.  Notice shall specify the place, day and hour of the meeting and the urgent items to be discussed.

Section 10: CONDUCT OF MEETINGS

Meetings of the Board of Directors shall be presided over by the Chapter President or in his or her absence, by the First Vice President or in the absence of both of these individuals, by the Second Vice President or in the absence of all, the Secretary will call the meeting to order and preside until the immediate election of a chairman pro tem.  The meetings shall be governed by Robert’s Rules of Order. 

ARTICLE 6:  OFFICERS

Section 1:  QUALIFICATIONS, ELECTION AND TERM OF OFFICE

Any Board Member in good standing may serve as an Officer of the Chapter.  Officers shall be elected by the Board of Directors at a Special Directors Meeting after the close of the Annual Membership Meeting.  Elected Officers shall serve a term of two (2) years and serve to the END of the annual meeting or until his or her successor shall be elected and qualified.  Officers may serve no more than three (3) consecutive two (2) year terms.  Such an individual will be eligible to serve as an Officer after a period of one year.

Section 2:  RESIGNATION

Any officer may resign at any time by giving written notice to the President or Secretary of the chapter. Any such resignation shall take effect at the date of the receipt of such notice or at any later date specified in the written notice.  Acceptance of such resignation shall not be necessary to make it effective. 

Section 3:  BOARD VACANCIES

Any vacancy caused by death, resignation, removal, disqualification, or otherwise may be filled by the Chapter President subject to ratification by the Board of Directors.  The member appointed will have all the authority and responsibility of that position until an election is held. 

Section 4:  DUTIES OF THE PRESIDENT

The President shall be the Chief Executive Officer of the Chapter. He or she shall supervise and control the affairs of the Chapter, activities of the officers, and act as liaison to the California Grand Juror's Association. The President shall perform all duties incidental to the office required by the Chapter Bylaws.

The President shall preside at all meetings; execute such contracts, checks or other instruments, which may be authorized by the Board of Directors. The President is authorized to accept any contribution, gift, or bequest on behalf of the Chapter. 

Section 5:  DUTIES OF THE FIRST VICE PRESIDENT

In the absence of the President, the First Vice President shall perform all duties of the President and when so acting shall have all the authority and responsibility of the President.  The First Vice President shall be the Program Committee Chairperson. The First Vice President shall have other powers and perform such other duties as may be prescribed by these bylaws or by the Board of Directors.

Section 6:  DUTIES OF THE SECOND VICE PRESIDENT

In the absence of the President and the First Vice President, the Second Vice President shall perform all duties of the President and or the First Vice President.  The Second Vice President shall act as Parliamentarian. 

Section 7:  DUTIES OF THE SECRETARY

In general the Secretary shall perform all duties incident to the office and such other duties as may be required by law, the Chapter bylaws, and duties assigned to him or her from time to time by the Board of Directors. The Secretary shall carry on the correspondence of the Chapter under the direction of the President and the Board of Directors.  The Secretary shall send or cause to be sent (no less than 10 days and no more than 30 days) proper notices of all regular Board of Directors meetings and Membership meetings. Special meetings require five (5) business days notice by E-Mail and (7) business days notice by first class mail.

Section 8:  DUTIES OF THE TREASURER

The Treasurer shall have charge and custody of all funds.  He or she shall receive, deposit and disburse all funds in the name of the Chapter. All checks for payment of bills shall be signed by two of the following:  the Treasurer, the President, or the Secretary.  All bills over $100.00 shall be approved by the Board of Directors before payment.

The Treasurer shall keep and maintain records of the business transactions and provide an account of financial transactions and report on the financial condition of the Chapter.  He or she shall prepare or cause to be prepared financial statements to be included in required reports and shall prepare and provide necessary materials for an informal audit.  He or she shall provide an annual statement of the Chapter financial condition to the CGJA Treasurer.  The Treasurer or the President may accept on behalf of the Chapter any contribution, gift, or bequest or device.

The Treasurer shall collect all membership dues, maintaining, updating, and distributing the list of all PAID members.  All CGJA dues shall be forwarded to the appropriate individual.

Section 9:  ABSENTEES

In the event any Chapter Director shall be absent, without good cause, for three consecutive meetings of the Chapter, such office shall be declared vacant. The vacancy so created may be filled by the President subject to the ratification by the Board of Directors

Section 10:  COMPENSATION

The Board of Directors shall serve without compensation.  The Board of Directors may be compensated for expenses occurred while performing duties on behalf of the Chapter.    Prior approval of the Chapter Board of Directors is required before these expenses are incurred. 

Section 11:  REMOVAL

Any Officer may be removed by a 2/3 vote of the seated Board of Directors.

ARTICLE 7:  COMMITTEES

Section 1:  OTHER COMMITTEES

The Board of Directors may appoint or disband standing committees or other committees as it may find necessary and appropriate.  The Chairperson and members of the committees shall be Active, Supportive, and Honorary members of the Chapter in good standing.

Section 2:  ADMINISTRATIVE GUIDELINES FOR COMMITTEES

The President shall establish guidelines for a committees including:

• Responsibility and authority for each committee.

• The Committee Chairperson and members of the committee.

• The subject and direction for the work.

• The budget, financial responsibilities, and constraints.

• Tenure of the chairperson and members.

• Such other matters as needed for the orderly administration of each committee.

Section 3:  COMMITTEE MEETINGS

Any committee may hold meetings at such time and place as may be determined by the Chairperson or Chapter President.

ARTICLE 8:  CHAPTER RECORDS

Section 1:  MAINTENANCE OF CHAPTER RECORDS

The Chapter shall maintain copies of the minutes of the Chapter Board of Directors meetings, minutes of the meetings of the Chapter Members, and adequate books and records of business transactions and account of assets, liabilities, receipts, disbursements, gains and losses. Pertinent documents and retired records shall be archived in the Kern County Superior Court Law Library. 

Section 2:  AUDIT

The President shall appoint an Audit Committee of three members who shall certify to the President prior to the close of his or her term of office that the books and records of the Chapter have been audited and the report of such audit is on file with the Recording Secretary.

Section 3:  ANNUAL REPORT

The Chapter Board shall cause an annual report to be furnished not later than 15 days after the close of the corporation’s fiscal year.  This report will include a financial statement, comments about the Chapter program over the past year, and the reports of chairpersons of any Committees operating within the Chapter.

Section 4:  DIRECTORS’ INSPECTION RIGHTS AND RIGHT TO COPY

Every Director has a right to inspect and copy Chapter records and documents at his or her own expense.

ARTICLE 9:  FISCAL YEAR

The fiscal year of the Chapter shall commence on July 1 and end on June 30 of the following calendar year. 

ARTICLE 10:  PARLIAMENTARIAN AUTHORITY

Except as otherwise specifically set forth in these bylaws or in the California Grand Jurors' Association Articles of Incorporation and Bylaws, all meetings shall be conducted pursuant to Roberts' Rules of Order, latest edition.

ARTICLE 11:  BYLAWS AMENDMENTS

These Bylaws may be amended at a regular meeting of the Board of Directors by two thirds of the seated Board of Directors provided that 30 days written notice is given to each Board member. A copy of the change shall be sent to the CGJA President, Secretary or Board of Directors.

ARTICLE 12:  CHAPTER DISSOLUTION

Upon the dissolution of the organization, assets shall be distributed 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 tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.

ARTICLE 13:  LIMITATION OF LIABILITY

The Chapter shall not incur, or cause to be incurred, any liability, or obligation whatsoever which shall subject to liability any officer or member of the Chapter.

BYLAW ADOPTION AND/OR AMENDMENTS

This is to certify that this is a true and correct copy of the Kern County Chapter bylaws and that these Bylaws were duly adopted by the Chapter Board of the Kern County Chapter.

Signed:
Chapter Secretary __________________________   Date_______________
                                     Patricia Duffel

Approved:                                                                                               
President CGJA ____________________________    Date_______________
                                     Anthony W. Noce