Lowell Point Community Council Constitution & ByLaws Lowell Point Alaska south of Seward Alaska

Lowell Point Community Council, Inc.

Constitution and By-laws

As Amended June 9, 2007 Effective July 1, 2007

CONSTITUTION

Article I – Purpose and Name

The name of this nonprofit organization shall be the Lowell Point Community Council, Inc. It shall be the purpose and objective of this organization to elect a Board of Directors who shall assume the responsibility to:

Promote the civic betterment and well-being of the people of Lowell Point.

Solicit, receive and direct the spending of grants or other funds for the purposes of improvement of access, transportation, facilities, roads, drainage, communication, power, water and all public safety issues.

Petition government officials in matters of concern to the people of Lowell Point.

Act as the conveyors of the majority opinion of the people of Lowell Point when appropriate.

Article II – Membership

Primary membership is open to any taxpaying owner of property within the area bound on the north by the southern limits of the City of Seward, on the east by Resurrection Bay and on the south and west by the Kenai Fjords National Park boundaries. Associate memberships are open to anyone residing within those boundaries. Membership shall not be refused due to race, creed, religion, color, national origin or sex.

Article III – Board of Directors

The Board of Directors shall include seven (7) Members at large and one (1) alternate Member. The alternate Board Member would act as a Board Member if one is absent. The alternate will be determined by descending vote order. The alternate can be appointed as an officer of the Board of Directors. It being understood that said elected officers shall be members in good standing of the Lowell Point Community Council, Inc.. The Board of Directors shall be limited to those with Primary Memberships or to Associate Members via Proxy of a Primary Member.

Article IV – Duties of the Board of Directors

The Board of Directors shall be directly responsible for all affairs concerning the Lowell Point Community Council, Inc.. All Board Members shall have equal voting power. They may not take action on issues without a majority of the Board being in agreement. The Board of Directors shall establish scheduled meetings for the purpose of handling routine business matters. The Board shall publicly post the results of these meetings.

President:
Shall preside at all community council meetings
Shall maintain order during meetings
Shall call Board meetings
Shall appoint Committees
Shall be Chairman of the Board
Shall be ex-officio member of all Committees
Shall perform such other activities as assigned by the membership

Vice President:
Shall act in the President’s capacity in the absence of the President

Treasurer:
Shall be responsible for maintaining monies received by the Council
Shall keep accurate record of transactions and report these at the Council meetings
Shall have accounts open for inspection upon prior notification
Shall keep records of all assets and liabilities

Secretary:
Shall keep accurate minutes of all meetings
Shall list by name all members of attended meetings
Shall keep a copy of the By-laws and standing rules
Shall conduct correspondence
Shall discharge all the usual secretarial functions of the office as required by the By-laws
Shall post items of interest to the community
Shall count votes for everything except annual meeting elections

Article V – Fiscal Year

The fiscal year of the Community Council shall commence on the first day of July of one year and shall end on the thirtieth day of June the following year.

Article VI – Meetings

Meetings may be called at the request of the President or any four (4) Directors. Written notices shall be prepared and distributed to the membership by the Secretary which must include the purpose of any meeting and shall be posted at the Community Hall on Lowell Point Road, ten (10) days prior to the meeting. Election of new officers shall take place at the annual meeting, which shall be at 6:00pm on the second Saturday in June for that purpose.

Email can be used as a method of notification to the membership in addition to mailings and telephone notification.

Article VII – Limit of Indebtedness

The Board of Directors will produce an annual budget in draft format 10 days prior to the annual meeting for review by the membership. The annual budget will be finalized and approved by a majority of the membership at the annual meeting.

The annual budget will not at any time be a deficit budget. Any grant monies obtained may be exempt from the budget and governed by the terms and conditions of the grant as required.

Any non-budget item over $500 must be approved by the majority of the membership. To dispose of or sell any holdings in excel of $500 in value will require an approval by the majority of the membership.

Approval of any items will be by voice vote at the annual meeting or mail-out written ballot.

The annual budget of 2007 will be exempt from the 10 day review and reviewed at the annual meeting prior to an approval vote.

Article VIII – Amendments

This Constitution and By-laws may be amended at the annual meeting by a simple majority vote of the members present or by proxy. Proposed amendments shall be submitted to the Secretary in writing and posted at Miller’s Landing and the Community Hall at least ten (10) days prior to the meeting.

Bylaw and Constitution changes may also be approved with a Special Election by mail out and/or email ballot by the simple majority of ballots returned within 45 days.

BY-LAWS

Section I – Vacancy

In the event of a vacancy of office, the Board of Directors shall appoint a member in good standing to fill the vacancy and to serve until the next election.

Section II – Term of Office

The terms of office shall be one year and two year seats. Recall for any Officer or Director, must be submitted in writing by eight or more members. A special meeting shall then be called for that purpose. A simple majority vote of members present shall be required to recall any Officer or Director.

Any member of Board of Directors will be removed from office if they are absent 3 or more times from Board meetings unless excused.

Section III – Nominating Procedures

Nominations for Officers and Directors will be submitted by a nominating committee and accepted from the floor at a meeting specifically posted for the purpose of electing Board Members.

The nomination committee will be comprised of three members at large that volunteer to solicit nominations and facilitate the election. Volunteers will be accepted by the membership at the annual meeting for the next years election. The Board of Directors will remind these volunteers three months in advance of the annual meeting. If a volunteer is no longer available, the board will request new volunteers three months prior to the annual meeting.

Section IV – Procedure

Robert’s Rules of Order shall prevail at all meetings. A simple majority shall prevail on all votes taken.

Section V – Voting Eligibility

Each primary member shall have one vote, even if the individual possesses several tax parcels within the area.

Section VI – Monies

All checks and drafts for disbursement shall require two authorized signatures. Authorized signatures shall be those of the President, Vice President, Treasurer or Secretary. All funds shall be accounted for in accordance with applicable Alaska State Statutes.

In the case of the dissolution of the Lowell Point Community Council, Inc., all net proceeds from charitable gaming shall be donated to another charitable organization as defined at Alaska Statute 05.15.690(5) or to another qualified organization that is authorized to conduct an activity under Alaska Statute 05.15.

Section VII – Dues

The dues of the organization shall be twenty-five dollars ($25.00) for each Primary Membership and ten dollars ($10.00) for each Associate Membership. Each tax parcel shall be limited to one Primary Membership.