
| The New City chamber of Commerce is organized to advance the general welfare and prosperity of the New City area so that its citizens and all areas of its business community prosper. All necessary means of promotion shall be provided and particular attention and emphasis shall be given to the economic, civil, commercial, industrial and educational interests of the area. The New City Chamber of Commerce shall be nonpartisan, non sectional, nonsectarian and shall take no part in, or lend it's support to the election or appointment of any candidate for state, county, city or federal office. Any person, partnership, association or corporation interested in the general welfare of New City shall be eligible to membership. Chamber members welcome the opportunity to meet informally with each other, hear and share their concerns about operating a business in New City and then have an impact on effecting change. Members meet regularly to exchange ideas for promotion of New City as an attractive place to live, work, play and shop. The Chamber continually meets with Clarkstown officials to discuss ways to improve parking, road conditions, and beautification and traffic congestion. |
| BY-LAWS OF THE NEW CITY CHAMBER OF COMMERCE ARTICLE I GENERAL Section 1 NAME This organization is incorporated under the laws of the State of New York and shall be known as the New City Chamber of Commerce. Section 2 PURPOSE The New City Chamber of Commerce is organized to advance the general welfare and prosperity of the New City Area so that its citizens and all areas of its business community shall prosper. All necessary means of promotion shall be provided and particular attention and emphasis shall be given to the economic, civil, commercial, industrial and educational interests of the area. Section 3 AREA The area encompassed by the activities of the Chamber shall be the Hamlet ofNew City in Rockland County. Section 4 Policy & LIMITATIONS A)The New City Chamber of Commerce shall be nonpartisan, nonsectional, nonsectarian and shall take no part in, or lend its support to, the election or appointment of any candidate for state, county, city, or federal office. B. Harassment of any kind is not productive and will not be tolerated by this Chamber. Any individual who is subject to verbally abusive language and or who experiences inappropriate physical touching or suggestive language is encouraged to report it immediately to the President who will ask the Board of Directors at the next regular meeting or a special meeting of the Board of Directors to take appropriate corrective action. C. Conflict of Interest - Any Director with an actual, perceived or potential conflict of interest is required to disclose such conflict of interest to the Chamber's Board of Directors prior to the Board's action upon any matter perceived to create a conflict of interest. No Director with a conflict of interest may cast a vote where a conflict of interests exists. D. Duty of Loyalty - No officer or director shall engage in, or condone, any conduct that is disloyal, disruptive, damaging or competes with the Chamber. No officer or director shall take any action, or establish any interest, that compromises his/her ability to represent the Chamber's best interest. E. If there is any conflict between the provisions of the certificate of incorporation and the by-laws of the Chamber provisions of the certificate of incorporation shall govern. Section 5 Amendment Only after all Chamber members have received at least 10 days prior notice of intent to amend these by-laws, (such notice must contain a complete description of any changes), these by-laws may be amended, repealed or altered in whole or in part by a majority vote of the membership at the Annual Meeting or at a special meeting of the membership called for that purpose or by the majority vote of the Board of Directors at any regular or special meeting of the Board called for that purpose, excepting that the Board shall have no authority to amend, repeal or alter any by-law effecting the rights and responsibilities of the membership as defined by the by-laws and or statue. Any by-law adopted by the Board may be amended or repealed by the general membership. Section 6 Insurance The Chamber is required to purchase director's and officer's liability insurance. To the extent permitted by law, such insurance shall insure the Chamber for any obligation it incurs as a result of all good faith actions legally taken by the Chamber and it's directors under these by-laws. The insurance may directly insure the directors, officers, employees or volunteers of the Chamber for liabilities against which they are not entitled to indemnification under these by- laws, as well as for liabilities against which they are entitled to be indemnified. ARTICLE II MEMBERSHIP Section 1 ELIGIBILITY Any person, partnership, association or corporation interested in the general welfare of New City shall be eligible to membership in the Chamber of Commerce. Section 2 ELECTION To Membership Applications for membership shall be in writing, on forms provided for that purpose, and signed by the applicant. The membership Committee shall review all application and submit them to the Board of Directors with its recommendation. Election of members shall be by the Board of Directors at any meeting thereof. Any applicant to be elected shall become a member upon payment of the regularly scheduled dues as provided in Section 3 of Article II. The fiscal year runs from January 1 to December 31st. Section 4 TERMINATION a) Any member may resign from the chamber upon written request to the Board of Directors; b) Any member shall be expelled by the Board of Directors by a two-thirds vote for nonpayment of dues after ninety (90) days from the date due, unless otherwise extended for good cause; c) Any member may be expelled by a two-thirds vote of the Board of Directors, at regularly scheduled meeting thereof, for conduct unbecoming a member or prejudicial to the aims or repute of the chamber, after notice and opportunity for a hearing are afforded the member complained against. Section 5 VOTING Any partnership, association or corporation eligible to membership may acquire more than one membership, but not exceeding three memberships, by undertaking to pay an additional annual dues of each such membership, and shall designate an individual or represent each such membership, subject to the approval of the Board of Directors. Each paid member shall be entitled to cast one vote. A. Election of Directors. Members of the Board of Directors shall be elected by a plurality of the votes cast at the Annual Meeting of the general membership except as may otherwise be required by law, the certificate of incorporation and/or these by-laws. B. Other actions of the membership. Whenever any action other than the election of directors is to be taken by vote of the membership, it shall, except as otherwise may be required by law, the certificate of incorporation and/or these by-laws, be authorized by a majority of the votes cast at such meeting. Section 6 EXERCISE OF PRIVILEGES Any person, partnership association or corporation holding one or more memberships shall have the right at any time to change any or all of its representatives upon written notice to the Chamber of Commerce. Each partnership, association or corporation shall designate an individual by whom the privileges of membership shall be exercised. Section 7 HONORARY MEMBERSHIP Distinction in public affairs shall earn eligibility to honorary membership. Honorary members shall have all the privileges of members, except the right to vote, and shall be exempt from payment of dues. The Board of Directors shall confer or revoke honorary membership by a majority vote, upon written notice to the members of the Board . ARTICLE III MEETINGS Section 1 ANNUAL MEETING The annual meeting of the Chamber of commerce shall be held on a date priorto December 31 to be determined by the Board of Directors at least thirty (30 days in advance of the meeting. Notice thereof shall be mailed or emailed to each member at least ten (10) days before said meeting. Section 2 ADDITIONAL MEETINGS The Board of Directors may provide for holding general membership meetings whenever it may be considered necessary or desirable. The Board of Directors shall call a general membership meeting upon petition signed by not less that ten percent of the members. Committee meetings may be called at any time by the President or by its Chairman. Notice of both regular and special meetings shall be given to each member in person or by mail or email to the last known post office address at least five days in advance of day of meeting. Section 3 Quorums A. Meetings of the general membership, either regular or special, a number equal to or greater than 1/4 (25%) of all members in good standing and qualified to vote, shall constitute a quorum. B. Meetings of The Board of Directors - at all meeting of the Board of Directors 1/2 (50%) of the current total of the number of directors shall constitute a quorum. C. When a quorum is once present to organize a meeting, it is not broken by the subsequent withdrawal of any members. ARTICLE IV. Board of Directors Section 1. General Management. The general management of the affairs of this Corporation shall be vested in a Board of Directors. The Board of Directors shall have control of the property of the Corporation and shall determine its policies with the advice of its various committees. It shall have power to employ necessary staff and other help, authorize expenditures and take all necessary and proper steps to carry out the purposes of this Corporation and to promote its best interest. Section 2. Number. There shall be at least five (5), but no more than seventeen (17), seats on the Board of Directors, including Officers. Section 3. Qualifications. Each member of the Board of Directors must be at least eighteen (18) years of age and a Member of the Corporation. Section 4. Compensation. Members of the Board of Directors shall receive no compensation for their services but may be reimbursed for the expenses reasonably incurred by them in the performance of their duties. Section 5. Selection Procedure of Directors, Terms of Office & Vacancies. 5.1. Selection. The Membership shall elect all Directors of the Corporation. 5.2. Selection Procedure. All Members entitled to vote shall cast a vote for a number of candidates equal to the number of vacancies to be filled until the required number of Board members, as specified in Section 2 of this article, is achieved. If, at any time during this process, there is a tie among a number of candidates, which number is greater than the number of vacancies remaining, the voters shall thereupon vote again, casting a number of votes equal to the remaining vacancies. Only the candidates who are tied may run in this subsequent election. The remaining vacancies shall be filled as outlined above. All subsequent ties shall be dealt with as outlined herein. 5.3. Terms of Office. The term of office for a Board member shall be three (3) years unless otherwise provided in these By-Laws. One- third of the members shall be selected every three years. The terms of office for all Directors shall begin on the day of their election and shall conclude upon the election of their successors. No Director may serve more than two (2) consecutive terms. The year following the date of the adoption of these by-laws the rotation of the board members shall go into effect with each term category shown for current members of the board of directors to be considered the length of the first of two possible terms. At the 31st of December each board members length of term will be reduced by one year. All members who then have “0” years left of their current term must stand for re-election if they are eligible. If they have already served 2 terms they will not be eligible to return to the board for at least a one year interval. After a 1 year interval former board members may again stand for election. 5.4. Vacancies. A vacancy in office shall arise upon the death, resignation, removal or lapse of membership of a Director. Except in the cases of the office of President, a vacancy on the Board of Directors occurring in the interim between annual meetings shall be filled by an interim successor appointed by the Board of Directors. At the next annual meeting following the vacancy, the Membership shall elect a permanent successor for the vacated position. In the event that the interim successor is subsequently elected to serve as a permanent successor, the first year of his/her term shall be deemed to have commenced upon his/her election, without regard to the duration of interim service. Section 6. Resignation. A Director may resign at any time by giving written notice to the Board of Directors, the President or the Secretary of the Corporation. Unless otherwise specified in notice, the resignation shall take effect upon receipt thereof by the Board of Directors, the President or the Secretary, and the acceptance of the resignation shall not be necessary to make it effective. Section 7. Suspension & Removal. 7.1. Suspension. Any or all of the members of the Board of Directors may be suspended for cause by a two-thirds (2/3) majority vote of the Board, provided there is a quorum for the meeting at which the action is taken. The period of suspension can last only until such time as the next regularly scheduled Annual Meeting or a Special Meeting of the Membership called for that purpose. At any meeting where a vote is to be taken to suspend a member of the Board, the Director in question may attend an shall be given a reasonable opportunity argue in his/her defense. 7.2. Removal. Any or all of the Directors may be removed with or without cause by a two-thirds (2/3) majority vote of the Membership at the Annual Meeting or a Special Meeting of the Membership called for that purpose, provided there is a quorum for the meeting at which the action is taken. Section 8. Meetings. The Board of Directors shall endeavor to convene Regular Meetings on a monthly basis. Regular Meetings of the Board of Directors may be held, with, or without, notice at such times as may he fixed from time to time by resolution of the Board of Directors. Special Meetings of the Board of’ Directors shall be held whenever called by the President, the Secretary, or any three (3) Directors. Notice of Special Meetings shall be given personally or by telephone, electronic mail, facsimile or first class mail and shall state the purposes, time and place of the meeting. If notice is given personally or by telephone it shall be given not less than three (3) days before the meeting; if it is given by electronic mail, facsimile or first class mail, it shall be given not less than five (5) days before the meeting. Notice of a meeting need not be given to any Director who submits a waiver of notice whether before or after the meeting or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to him or her. Section 9. Quorum. A quorum shall be required for the legal and proper conduct of the business of the Board of Directors. A majority of the total number of members of the Board of Directors then in existence shall constitute a quorum for the transaction of any business. When a quorum is once present to organize a meeting, it is not broken by the subsequent withdrawal of any Members. Section 10. Adjournment. A majority of directors present at a meeting of the Board of Directors, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the adjournment shall be given to all Directors who were absent at the time of the adjournment, and unless such time and place are announced at the meeting, to the other Directors. Section 11. Organization. 11.1. Chairperson. At all meetings of the Board of Directors, the President, or, in his/her absence, the Vice-President or, in his/her absence, another Director chosen by the Board shall preside. 11.2 Secretary. At all meetings of the Board of directors, the Secretary, or, in his/her absence, any Assistant Secretary or, in his/her absence, another Director chosen by the Board shall act as secretary of the meeting. Section 12. Voting. Each member of the Board of Directors shall have one vote. A majority vote of those present, provided there is a quorum, shall be sufficient on any proposition presented and acted upon at a meeting. Section 13. Action by the Board of Directors. 13.1. Action Defined. Except as otherwise provided by law or in these By-Laws, an “Action,” or “Act,” of the Board of Directors shall mean an action at a meeting of the Board authorized by vote of a majority of the Directors present at the time of the vote, provided a sufficient quorum is present. 13.2. Written Consent. Any action required or permitted to be taken by the Board of Directors or any committee thereof may be taken without a meeting if all members of the Board or the committee consent in writing to the adoption of a resolution authorizing the action. The resolution and the written consents thereto by the members of the Board or committee shall be filed with the minutes of the proceedings of the Board or committee. 13.3. Electronic Communication. Any one or more members of the Board of Directors or any committee thereof may participate in a meeting of such Board or committee by means of a conference telephone or similar communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation by such means shall constitute presence in person at a meeting. Section 14. Attendance. The Board of Directors shall meet monthly. Absence from 3 regular meetings, without an excuse deemed valid and so recorded by the board of directors, shall be construed as a resignation. A vacancy on the board may be filled by the board until the next annual meeting of the chamber, when it shall be filled by the members of the chamber. Section 15.Annual Report. The organization will comply with all regulations and filing requirements set forth by the Internal Revenue Service, New York State and any other state in which business is performed. The organization will retain the services of a qualified professional or Certified Public Accountant knowledgeable in nonprofit regulations for the preparation of required financial statements and/or tax returns to ensure compliance. Article V . Officers Section 1. Determination of Officers. Within 10 days after the annual election, the directors shall meet and elect officers for the ensuing year, a president, a first vice president, a second vice president, A treasurer and a secretary. All officers shall be members of the board of directors and the term of office of all officers shall be for one year, but the officers may hold office until their successors have been duly elected & qualified. The term of office of all officers, however, shall be subject to discontinuance of the board of directors. Section 2. Duties of Officers. __ President. The President shall be the principal executive officer of the Corporation and shall in general supervise and control all of the business and affairs of the Corporation. He/she shall preside at all meetings of the members and of the Board of Directors. The President, the Secretary or any other proper officer of the Corporation authorized by the Board of Directors may sign any deeds, mortgages, bonds, contracts or other instruments that the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these by-laws or by statute to some other Officer or agency of the Corporation. In general the President shall perform all duties as may be prescribed by the Board of Directors from time to time. __ Vice President. In the absence of the President, or in the event of his/her inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon the President. The Vice President shall perform such other duties as from time to time may be assigned to him/her by the President and/or the Board of Directors. __ Secretary. The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors in one or more books provided for that purpose, see that all notices are duly given in accordance with the provisions of these by-laws or as required by law, and be custodian of the corporate records of the Corporation. The Secretary shall keep a register of the post office address of each member and, in general, perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President and/or the Board of Directors. In addition, the Secretary shall notify members of their election to office or their appointment to committees and keep a record of the transactions of the Corporation and of the Executive Board. Treasurer. The Treasurer shall be responsible for the supervision of an account of all monies received or expended by the by the Corporation and shall keep the board informed on all pertinent financial matters. The Treasurer shall provide a financial report at all regular meetings of the Board of Directors in a format prescribed by the Board; shall serve as the board’s liaison with the independent auditor; and shall serve as a member of the Audit and Finance Committee. In general, the Treasurer shall perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors. Professional Manager. The Board of Directors may employ an Executive Director (chief administrative officer) who shall have general charge, subject to the overall control and direction of the Board, oversight and direction of the affairs and business of the Corporation, and sole responsibility for the employment and discharge of staff. The Executive Director shall be the principal administrative officer of the Corporation, charged with the duties of effectuating the purposes of the Corporation, carrying out the directives of the Board of Directors and the Membership in performing any and all functions necessary and proper to ensure that the policies, objectives and aims of the Corporation are carried out. Immediate Past President. The duties of the Immediate Past President are to ensure the transition for the new President goes smoothly. They will act as an advisor to the president and will act on the Presidents behalf when called upon. Article VI . Committees Section 1. Appointments. 1.1. Standing Committees. By a majority vote, the Board of Directors shall appoint members of the Board to serve on the following standing committees: Executive; Audit & Finance; and Board Development. 1.2. Ad Hoc Committees. Additional committees may be created and committee members appointed by a majority vote of the Board of Directors as may be needed for special purposes. Section 2. Powers and Responsibilities. Each committee and every member thereof shall serve at the pleasure of the Board of Directors. Except as otherwise be provided by Section 6 of this Article, no committee shall have the power to represent, bind or otherwise speak for the Corporation without the express consent of the Board of Directors. Each committee shall keep minutes of proceedings and regularly report to the Board of Directors. Section 3. Qualifications. The Board of Directors may establish qualifications for committee membership. Section 4. Meetings. Unless otherwise provided herein, meetings of committees, of which no notice shall be necessary, shall be held at such time and place as shall be fixed by the President of the Corporation or the Chairperson of the Committee or by a majority vote of all of the members of the Committee. Section 5. Quorum and Manner of Acting. Unless otherwise provided by resolution of the Board of Directors, a majority of all of the members of a committee shall constitute a quorum for the transaction of business and the vote of a majority of all of the members of the committee shall be the act of the committee. The procedures and manner of acting of the committees of the Board shall be subject at all times to the Directions of the Board of Directors. Section 6. Executive Committee. The Board of Directors shall be comprised of the elected Officers of the Corporation, to wit: President, Vice President, Secretary and Treasurer. Additional members of the Board of Directors may be appointed to serve on the Committee at the discretion of the Board. The President shall serve as the Chair of the Executive Committee. The Executive Committee shall maintain surveillance of the business and affairs of the Corporation and shall be empowered to transact only such business as may be necessary between meetings of the Board of Directors. The Committee shall be responsible for overseeing the personnel affairs of the Corporation, including, but not limited to developing and reviewing personnel policies and hiring, training, supervising evaluating and, if necessary, terminating the Corporation’s Executive Director. The Committee shall also be responsible for ensuring that the Corporation engages in strategic planning. Meetings of the Committee may be called by the Chair or by any two (2) members of the Committee. The Committee shall submit a report of its actions at all regularly scheduled or special meetings of the Board of Directors. Section 7. Audit & Finance Committee. The Audit and Finance Committee shall be comprised of appointed members of the Board of Directors, excepting that in no circumstance shall the Corporation’s independent auditor; or a partner, associate or employee of the auditor’s firm or practice; or, an immediate family member or household member of the auditor, or a partner, associate or employee of his/her firm or practice serve on, or otherwise volunteer his/her services to, the Committee. The Treasurer of the Corporation shall serve as a member of the Committee, but shall be precluded from serving as its Chair. The Committee shall develop a budget for approval by the Board of Directors; propose policies governing the finances of the Corporation for adoption by the Board; review any and all audits of the Corporation or any of its programs or contracts performed at its behest; and, respond in writing, subject to the ultimate approval of the Board of Directors, to such audits, including the management letter, stating any and all remedies to deficiencies or improvements in fiscal policies and procedures cited o r recommended. Section 8. Board Development Committee. The Board Development Committee shall consist of members of the Board of Directors. The Committee shall be responsible for ensuring that the composition of the Board of Directors accurately reflects the terms of Board and Committee members; regularly assessing the composition and function of the Board; recruiting and nominating Officers and Directors, and; coordinating orientation for new Directors and assuring the continued development and training of the Board. Article VII. Finances Section 1.Funds All money paid to the chamber shall be placed in a general operating fund. Funds unused from the current year’s budget will be placed in a reserve account. Section 2. Disbursements Upon approval of the budget, the President, Executive Director and the Treasurer are authorized to make disbursements on accounts and expenses provided for in the budget without additional approval of the board of directors . Disbursements shall be by check & require 2 signatures for amounts exceeding $500.00 U.S. Section 3. Fiscal Year The fiscal year will end on December 31st of each calendar year. Section 4. Budget As soon as possible after election of the new board of directors and officers, the finance committee shall compile a budget of estimated expenses for the coming year and submit it to the board of directors for approval. Section 5. Annual Audit The accounts of the chamber of commerce shall be audited annually at the close of business on December 31st by a public accountant. The audit shall at all times be available to members of the organization within the offices of the chamber. Article VIII. Dissolution This Corporation may be dissolved by a two-thirds (2/3) majority vote of the Board of Directors, following a dissolution plan prepared by the Board. Upon dissolution of the Corporation, any residual assets shall be donated to a not-for-profit organization(s) with purposes of this Corporation. Article IX. Proceedings The current edition of Roberts Rules of Order shall be the final source of authority in all questions of parliamentary procedure when such rules are not consistent with the charter by-laws of the Chamber. Article X. Amendments Section 1. Revisions These by-laws may be amended or altered upon written notice of the proposed amendment by a 2/3 vote of the board or by a majority of the members at any regular meeting. |