Association Bylaws

ARTICLE 12 - MEMBERS
 

SECTION 1.  DETERMINATION AND RIGHTS OF MEMBERS

The corporation shall have only one class of members. No member shall hold more than one membership in the corporation. Except as expressly provided in or authorized by the Articles of Incorporation or Bylaws of this corporation, all memberships shall have the same rights, privileges, restrictions and conditions.

SECTION 2.  QUALIFICATIONS OF MEMBERS

The qualifications for membership in this corporation are as follows: any member in good standing of, or retired from the Diamond Springs—El Dorado Fire Protection District.

SECTION 3.  ADMISSION OF MEMBERS

Applicants shall be admitted to membership upon making application therefore in writing and upon payment of such fees as may be specified from time to time by resolution of the Board of Directors.

SECTION 4.  FEES, DUES AND ASSESSMENTS

(a) Fees may be charged for making application for membership in the corporation in such amount as may be specified from time to time by resolution of the Board of Directors.

(b)  The annual dues payable to tile corporation by members shall be in such amount as may be determined from time to time by resolution of the Board of Directors.

(c)  Memberships shall be non-assessable.

SECTION 5.  NUMBER OF MEMBERS

There is no limit on the number of members the corporation may admit.

SECTION 6.  MEMBERSHIP BOOK

The corporation shall keep a membership book containing the name, status and address of each member. Termination of the membership of any member shall be recorded in the book, together with the date of termination of such membership. Such book shall be kept at the corporation’s principal office and shall be available for inspection by any director or member of the corporation during regular business hours.

The record of names and addresses of the members of this corporation shall constitute the membership list of this corporation and shall not be used, in whole or part, by any person for any purpose not reasonably related to a member’s interest as a member.

SECTION 7. NONLIABILITY OF MEMBERS

A member of this corporation is not, as such, personally liable for the debts, liabilities, or obligations of the corporation.

SECTION 8. NONTRANSFERABILITY OF MEMBERSHIPS

No member may transfer a membership or any right arising there-from. AU rights of membership cease upon the member’s death.

SECTION 9. TERMINATION OF MEMBERSHIP

(a)  Grounds for Termination. The membership of a member shall terminate upon the occurrence of any of the following events:

(1)  Upon his or her notice of such termination delivered to the President or Secretary of the corporation personally or by mail, such membership to terminate upon the date of delivery of the notice or date of deposit in the mail.

(2)  Upon a determination by the Board of Directors that the member has engaged in conduct materially and seriously prejudicial to the interests or purposes of the corporation.

(3)  If this corporation has provided for the payment of dues by members, upon a failure to renew his or her membership by paying dues on or before their due date, such termination to be effective thirty (30) days after a written notification of delinquency is given personally or mailed to such member by the Secretary of the corporation. A member may avoid such termination by paying the amount of delinquent dues within a thirty (30)-day period following the members receipt of the written notification of delinquency.

(4)  Upon termination as a volunteer or paid staff by the Fire Protection District.

(b)  Procedure for Expulsion. Following the determination that a member should be expelled under subparagraph (a)(2) of this section, the following procedure shall be implemented:

(1)  A notice shall be sent by first-class or registered mail to the last address of the member as shown on the corporation’s records, setting forth the expulsion and the reasons therefore. Such notice shall be sent at least fifteen (15) days before the proposed effective date of the expulsion.

(2)  The member being expelled shall be given an opportunity to be heard, either orally or in writing, at a hearing to be held not less than five (5) days before the effective date of the proposed expulsion. The hearing will be held by the Board of Directors in accordance with the quorum and voting rules set forth in these Bylaws applicable to the meetings of the Board. The notice to the member of his or her proposed expulsion shall state the date, time, and place of the hearing on his or her proposed expulsion.

(3)  Following the hearing, the Board of Directors shall decide whether or not the member should in fact be expelled, suspended, or sanctioned in some other way. The decision of the Board shall be final.

(4)  If this corporation has provided for the payment of dues by members, any person expelled from the corporation shall receive a refund of dues already paid. The refund shall be pro-rated to return only the un-accrued balance remaining for the period of the dues payment.

SECTION 10.  RIGHTS ON TERMINATION OF MEMBERSHIP

All rights of a member in the corporation shall cease on termination of membership as herein provided.

SECTION 11.  AMENDMENTS RESULTING IN THE TERMINATION OF MEMBERSHIPS

Notwithstanding any other provision of these Bylaws, if any amendment of the Articles of­

Incorporation or of the Bylaws of this corporation would result in the termination of all memberships or any class of memberships, then such amendment or amendments shall be effected only in accordance with the provisions of Section 5342 of the California Nonprofit Public Benefit Corporation Law.