Flyfunston

At its 5.12.09 meeting the Club voted to accept the bylaws I proposed with the changes noted below. However since there have been changes, the bylaws cannot go into effect until they are approved by the members at two consecutive meetings. Following are the changes:
1. The fiscal year will be from October 1 to September 31;
2. The President’s term is limited to three consecutive terms;

The Club also asked me to clarify the notice requirement in the bylaws. The following is the clarification. If anyone has suggestions as to the language, please contact me before the next meeting:
“When the proposed amendments to the bylaws are five pages or less, they shall be posted in their entirety on the Clubhouse door prior to the meetings. If the proposed amendments are more than five pages, notice that there are proposed amendments shall be posted on the door and copies of the proposed amendments shall be placed in a box next to the door and if feasible posted on the Club’s WEB site prior to the meetings.”

Below are the revised bylaws.



ARTICLE I: NAME
The Fellow Feathers of Fort Funston Hang Gliding Club (Club), a California Nonprofit Mutual Benefit Corporation.

ARTICLE II: PRINCIPAL OFFICE
The principal office of the Corporation shall be 1619 Cortez St., Milpitas, CA 95035. The Board of Directors may change the principal office from one location to another and note the change in the Bylaws. The change shall not be considered an amendment to the Bylaws.

ARTICLE III: PURPOSES
The primary purposes of this Corporation are:
A. Administer a non-commercial hang gliding program at Fort Funston;
B. Preserve the Fort Funston/Westlake flying site by working with
governmental agencies and private individuals;
C. Promote hang gliding safety and education;
D. Improve the public image of the sport;
E. Facilitate insurance coverage for hang gliding pilots at Fort
Funston, and
F. Hold meetings and activities promoting the exchange of ideas
and information among hang gliding pilots.

ARTICLE IV: AFFILIATION
The Club may be affiliated with other organizations of similar purposes in a
manner determined by the members. Such organizations include but are not limited to the United States Hang Gliding and Paragliding Club (USHPA).

ARTICLE V: MEMBERSHIP
Section 1: Membership is open to anyone paying the annual dues and interested in the sport of hang gilding regardless of race, creed, sex or national origin.
Section 2: There shall be two classes of members, voting and non-voting. Voting members shall be pilots who have flown hang gliders at Fort Funston for more than 20 hours in the calendar year preceding the year in which they are entitled to vote. All members who are not voting members shall be non-voting members. Voting members may vote on matter of Club business and in Club elections. Non-voting members may not vote on matters of Club business and in Club elections. By majority vote the Executive Committee shall determine whether members are voting or non-voting. In making its determination, the Executive Committee shall consider logs, pilot statements and all other relevant information. By majority vote the Executive Committee may waive the 20-hour flying requirement to allow members who have made contributions to flying at For Funston to become voting members. The Executive Committee shall not waive the flying requirement for more than 3 members at any one time.

ARTICLE VI: MEETINGS
Section 1: Meetings. Meetings are held monthly for the purpose of conducting whatever business is brought before the members. Any change in the usual date, time or location will be posted on the Clubhouse door prior to each meeting.
Section 2: Quorum. Business at any meting may be conducted by a majority vote of the members present at the meeting.
Section 3: The Annual Business Meeting of the Club is held during the month of
December. The agenda for the Annual Business Meeting will include:
A. Presentation of annual reports by the relevant officers and committees.
B. Presentation by the Treasurer of an annual financial summary,
including a review of the past year’s financial results, and a proposed
budget for the new fiscal year, for approval by the members.
C. Election of Officers for the new fiscal year.

ARTICLE VII: FISCAL YEAR
The fiscal year is from October 1 to September 31.

ARTICLE VIII: BOARD OF DIRECTORS (OFFICERS)
Section 1: The Board of Directors (Officers) is the governing body and business
administrator of the Club and is the Executive Committee. It is responsible for carrying out the purposes of the Club. Subject to ratification by the members, the Board may sign contracts in the name of Club, and control the expenditures of the Club’s funds consistent with the agreed budget. Major deviations from the budget must be approved in advance by a vote of the members.
Section 2: The Board of Directors consists of the President, Vice-President,
Secretary, Treasurer, Clubhouse Manager, Safety Director and Technical Officer.
Section 3: Election of Officers: Candidates are nominated at the November meeting. Elections are held at the Annual Business Meeting in December. A list of nominees and is posted on the Clubhouse door and may be placed on the Club’s WEB site prior to the November meeting. Candidates, also, may be nominated and elected at the December meeting.
Section 4: All candidates for office must be voting members of the Club.
Section 5: Elections are decided by a simple majority.
Section 6: The term of office for all officers lasts until the next election.
However, officers may be nominated for re-election annually. The President may not serve more than three consecutive terms Vacancies that may occur in any office during the year can be filled by a simple majority vote of the membership present at a regular meeting.
Section 7: The President presides at all meetings and is responsible for overall
leadership and management of the Club’s affairs. He/she may appoint
committees as needed, and signs contracts in the name of the Club, as
authorized by the members.
Section 8: The Vice-President assumes all the powers and responsibilities of the
President in case of the absence or disability of the President.
Section 9: The Secretary keeps the minutes of the Club’s meetings, submits
minutes and notices of upcoming Club meetings and prepares any contracts or
other documents required by the Club. The Secretary also manages all
Club correspondence, keeps a current list of Club members, and
keeps historical records for the Club.
Section 10: The Treasurer manages the receipt and disbursement of all the Club's
funds. The Treasurer maintains and, when required, presents up-to-date Profit and Loss
and Balance Sheet reports and proposed budgets; alerts and briefs the Board on
financial issues, and advises the Board on financial policy.
Section 11: The Safety Director prepares reports for accidents resulting in significant injures and glider damage. The Safety Director investigates complaints of safety violations
Section 12: The Clubhouse Manager manages the Clubhouse at Funston where members store hang gliders.
Section 13: The Technical Officer maintains the Club’s WEB site, the Wind Talker and provides technical advice to the Club.
Section 14: If a Board position is unfilled, the responsibilities of that position will be re-assigned among the other Directors, at the discretion of the President, until the position is filled.

ARTICLE IX: SPECIAL COMMITTEES
Section 1: The President may at any time appoint special committees as necessary to undertake specific responsibilities. Any committee recommendations or proposals affecting the Club must be submitted to the members for approval at Club meetings.
Section 2: The Executive Committee shall meet at any time that reasonable notice is given to Executive Committee members for the purpose of conducting emergency business that should not wait for the next regular meeting or for a disciplinary hearing. Executive Committee meetings may be open or closed as the situation dictates. A report of all Executive Committee meeting will be given by the President at the next regular meeting.

ARTICLE X: REMOVAL FROM OFFICE
Any officer member may be removed from office, for cause, by a two thirds (2/3) vote of the members present at two consecutive Club meetings.

ARTICLE XI: DISCIPLINE
Since it is the Club’s duty to administer the hang gliding program at Fort Funston, the Club may revoke or suspend the flying privileges of members or non-members.
Section 1: For violating Fort Funston or generally accepted rules and conduct, a pilot’s flying privileges may be suspended in the following manner:
A. For up to 7 days by a club officer;
B. For longer than 7 days, by a majority vote of the Executive Committee present at a hearing at which at least one witness to the violation or offense testifies and at which the accused pilot has the following rights:
1. Notice of violation;
2. Notice of hearing;
3. Name of witnesses to violation;
4. Opportunity to questions witnesses;
5. Opportunity to be heard; and
6. Opportunity to produce witnesses.
C. The hearing shall be conducted by the President or Safety Director.
Section 2: A disciplinary action imposed by the Executive Committee may be
modified only by a majority vote of the Executive Committee.

ARTICLE XII: AMENDMENTS
Section 1: These bylaws may be amended by an affirmative vote of two thirds (2/3) of the members present at two consecutive meetings. When the proposed amendments to the bylaws are five pages or less, they shall be posted in their entirety on the Clubhouse door prior to the meetings. If the proposed amendments are more than five pages, notice that there are proposed amendments shall be posted on the door and copies of the proposed amendments shall be placed in a box next to the door and if feasible posted on the Club’s WEB site prior to the meetings.
Section 2: Any such amendments must be consistent with the provisions of the Club’s permit agreements and any other requirements, regulations or agreements with state and local governments, other relevant authorities and affiliated organizations.

ARTICLE XIII: RIGHTS OF MEMBERS
All rights not specifically granted to the Directors/Officers are reserved to
the members.

Hi Dan,
You forgot the clause about notifying members by email.
I'm positive the majority of the members wanted that.

I'm also pretty sure but not positive that the membership decided that proposed changes to the bylaws need NOT be taped to the door but rather placed in the announcement box.

This should not be a debate between you and I but something verified by other members who were at the meeting. I request for everyone who was at the meeting to please post their understanding of the email notification question and the posting in the announcement box question, and also verify that this notice should apply to both amendments to the bylaws as well as changes in meeting date time or location.

Thank you for participating!!!

The mailing address of the club has, for the past several years, been that of the club president. We tried a mailbox, but nobody could get there during the limited open hours.

What is the Milpitas address above? It's not associated with the President or Secretary, as far as I can tell. I'm concerned about club mail going regularly to someone who has not been elected by the members.

I'd reword the TO duties to the following:

The Technical Officer introduces, updates and maintains technologies employed by the club to enhance the site's flying experience, including the Club’s web site, wind talker, web cams, weather station and wireless Internet.

Daniel Pifko wrote:The mailing address of the club has, for the past several years, been that of the club president. We tried a mailbox, but nobody could get there during the limited open hours.

What is the Milpitas address above? It's not associated with the President or Secretary, as far as I can tell. I'm concerned about club mail going regularly to someone who has not been elected by the members.

I agree with Mr. Pifko, the address should be a member of the board. While Mark L is a fine pilot, he is not a member of the club and the use of his address is inappropriate. Please use my address, or if you have a personal problem with that, use the address of any other member of the board.

Why are we implementing term limits for the president?

THESE ARE THE BYLAWS THAT WERE APPROVED SUBJECT TO MINOR MODIFICATIONS AT THE MAY 2009 MEETING. TO BECOME OFFICIAL THE BYLAWS MUST BE FULLY APPROVED AT TWO CONSECUTIVE CLUB MEETINGS. THE BYLAWS ARE THE BASIC RULES BY WHICH THE CLUB IS GOVERNED AND FLYING AT FUNSTON IS MANAGED. IT IS IMPORTANT THAT MEMBERS ATTEND THE JUNE MEETING.

PARAGRAPHS 1-5 ARE EXPLANATIONS.
1. TECHNICAL OFFICER: The description of the Technical Officer’s responsibilities has been changed.

2. MAILING ADDRESS OF THE CLUB: The address for many probably most corporations is not the address of an officer, director or member. BAPA, WOR and MCHGA don’t have addresses in their bylaws.
The most important address consideration is stability. We don’t want to be continually changing it. The Club’s legal address and its address for service of process is in the Articles of Incorporation. The address is Steve’s and it will have to be changed when he leaves office.
In the Bylaws the Club’s address is Mark Lilledahl’s in Milpitas. No Funston pilot has a more stable address than Mark. He has lived in the same house for over 30 years and when he finally leaves, it will be feet first. He has spent more time at Funston than all the officers combined.
Also the mailing address is not written in stone. Unlike the other bylaw provisions, it may be changed “from one location to another” by the officers without amending the bylaws. See Article II.

3. THREE YEAR TERM LIMIT: This was voted by the members at the May meeting. Three years balances experience with the need for new perspectives and the dangers of prolonged incumbency.

4. NOTIFICATION BY E-MAIL: E-mail notification places the burden on the Club to maintain an up to date list of e-mail addresses readily available to any member proposing bylaw changes. Presently there is no such list. Several members don’t have e-mail. Others may not want their addresses disclosed. Some large corporations give their shareholders the option of written or e-mail notification but this seems impractical for a club our size.

5. MODIFICATIONS TO PROPOSED AMENDMENTS: Merely because the Club voted to approve the proposed amendments subject to ratification votes does not prevent members from proposing modifications. Modifications should be posted on the Clubhouse door prior to the meetings.

BYLAWS

ARTICLE I: NAME
The Fellow Feathers of Fort Funston Hang Gliding Club (Club), a California Nonprofit Mutual Benefit Corporation.

ARTICLE II: PRINCIPAL OFFICE
The principal office of the Corporation shall be 1619 Cortez St., Milpitas, CA 95035. The Board of Directors may change the principal office from one location to another and note the change in the Bylaws. The change shall not be considered an amendment to the Bylaws.

ARTICLE III: PURPOSES
The primary purposes of this Corporation are:
A. Administer a non-commercial hang gliding program at Fort Funston;
B. Preserve the Fort Funston/Westlake flying site by working with
governmental agencies and private individuals;
C. Promote hang gliding safety and education;
D. Improve the public image of the sport;
E. Facilitate insurance coverage for hang gliding pilots at Fort
Funston, and
F. Hold meetings and activities promoting the exchange of ideas
and information among hang gliding pilots.

ARTICLE IV: AFFILIATION
The Club may be affiliated with other organizations of similar purposes in a
manner determined by the members. Such organizations include but are not limited to the United States Hang Gliding and Paragliding Club (USHPA).

ARTICLE V: MEMBERSHIP
Section 1: Membership is open to anyone paying the annual dues and interested in the sport of hang gilding regardless of race, creed, sex or national origin.
Section 2: There shall be two classes of members, voting and non-voting. Voting members shall be pilots who have flown hang gliders at Fort Funston for more than 20 hours in the calendar year preceding the year in which they are entitled to vote. All members who are not voting members shall be non-voting members. Voting members may vote on matter of Club business and in Club elections. Non-voting members may not vote on matters of Club business and in Club elections. By majority vote the Executive Committee shall determine whether members are voting or non-voting. In making its determination, the Executive Committee shall consider logs, pilot statements and all other relevant information. By majority vote the Executive Committee may waive the 20-hour flying requirement to allow members who have made contributions to flying at For Funston to become voting members. The Executive Committee shall not waive the flying requirement for more than 3 members at any one time.

ARTICLE VI: MEETINGS
Section 1: Meetings. Meetings are held monthly for the purpose of conducting whatever business is brought before the members. Any change in the usual date, time or location will be posted on the Clubhouse door prior to each meeting.
Section 2: Quorum. Business at any meting may be conducted by a majority vote of the members present at the meeting.
Section 3: The Annual Business Meeting of the Club is held during the month of
December. The agenda for the Annual Business Meeting will include:
A. Presentation of annual reports by the relevant officers and committees.
B. Presentation by the Treasurer of an annual financial summary,
including a review of the past year’s financial results, and a proposed
budget for the new fiscal year, for approval by the members.
C. Election of Officers for the new fiscal year.

ARTICLE VII: FISCAL YEAR
The fiscal year is from October 1 to September 31.

ARTICLE VIII: BOARD OF DIRECTORS (OFFICERS)
Section 1: The Board of Directors (Officers) is the governing body and business
administrator of the Club and is the Executive Committee. It is responsible for carrying out the purposes of the Club. Subject to ratification by the members, the Board may sign contracts in the name of Club, and control the expenditures of the Club’s funds consistent with the agreed budget. Major deviations from the budget must be approved in advance by a vote of the members.
Section 2: The Board of Directors consists of the President, Vice-President,
Secretary, Treasurer, Clubhouse Manager, Safety Director and Technical Officer.
Section 3: Election of Officers: Candidates are nominated at the November meeting. Elections are held at the Annual Business Meeting in December. A list of nominees and is posted on the Clubhouse door and may be placed on the Club’s WEB site prior to the November meeting. Candidates, also, may be nominated and elected at the December meeting.
Section 4: All candidates for office must be voting members of the Club.
Section 5: Elections are decided by a simple majority.
Section 6: The term of office for all officers lasts until the next election.
However, officers may be nominated for re-election annually. The President may not serve more than three consecutive terms Vacancies that may occur in any office during the year can be filled by a simple majority vote of the membership present at a regular meeting.
Section 7: The President presides at all meetings and is responsible for overall
leadership and management of the Club’s affairs. The President may appoint
committees as needed, and signs contracts in the name of the Club, as
authorized by the members.
Section 8: The Vice-President assumes all the powers and responsibilities of the
President in case of the absence or disability of the President.
Section 9: The Secretary keeps the minutes of the Club’s meetings, submits
minutes and notices of upcoming Club meetings and prepares any contracts or
other documents required by the Club. The Secretary also manages all
Club correspondence, keeps a current list of Club members, and
keeps historical records for the Club.
Section 10: The Treasurer manages the receipt and disbursement of all the Club's
funds. The Treasurer maintains and, when required, presents up-to-date Profit and Loss
and Balance Sheet reports and proposed budgets; alerts and briefs the Board on
financial issues, and advises the Board on financial policy.
Section 11: The Safety Director prepares reports for accidents resulting in significant injures and glider damage. The Safety Director investigates complaints of safety violations
Section 12: The Clubhouse Manager manages the Clubhouse at Funston where members store hang gliders.
Section 13: The Technical Officer introduces, updates and maintains technologies employed by the club to enhance the site's flying experience, including the Club’s web site, wind talker, web cams, weather station and wireless Internet.
Section 14: If a Board position is unfilled, the responsibilities of that position will be re-assigned among the other Directors, at the discretion of the President, until the position is filled.

ARTICLE IX: SPECIAL COMMITTEES
Section 1: The President may at any time appoint special committees as necessary to undertake specific responsibilities. Any committee recommendations or proposals affecting the Club must be submitted to the members for approval at Club meetings.
Section 2: The Executive Committee shall meet at any time that reasonable notice is given to Executive Committee members for the purpose of conducting emergency business that should not wait for the next regular meeting or for a disciplinary hearing. Executive Committee meetings may be open or closed as the situation dictates. A report of all Executive Committee meeting will be given by the President at the next regular meeting.

ARTICLE X: REMOVAL FROM OFFICE
Any officer member may be removed from office, for cause, by a two thirds (2/3) vote of the members present at two consecutive Club meetings.

ARTICLE XI: DISCIPLINE
Since it is the Club’s duty to administer the hang gliding program at Fort Funston, the Club may revoke or suspend the flying privileges of members or non-members.
Section 1: For violating Fort Funston or generally accepted rules and conduct, a pilot’s flying privileges may be suspended in the following manner:
A. For up to 7 days by a club officer;
B. For longer than 7 days, by a majority vote of the Executive Committee present at a hearing at which at least one witness to the violation or offense testifies and at which the accused pilot has the following rights:
1. Notice of violation;
2. Notice of hearing;
3. Name of witnesses to violation;
4. Opportunity to questions witnesses;
5. Opportunity to be heard; and
6. Opportunity to produce witnesses.
C. The hearing shall be conducted by the President or Safety Director.
Section 2: A disciplinary action imposed by the Executive Committee may be
modified only by a majority vote of the Executive Committee.

ARTICLE XII: AMENDMENTS
Section 1: These bylaws may be amended by an affirmative vote of two thirds (2/3) of the members present at two consecutive meetings. When the proposed amendments to the bylaws are five pages or less, they shall be posted in their entirety on the Clubhouse door prior to the meetings. If the proposed amendments are more than five pages, notice that there are proposed amendments shall be posted on the door and copies of the proposed amendments shall be placed in a box next to the door. If practicable, amendments shall be posted on the Club’s WEB site prior to the meetings.
Section 2: Any such amendments must be consistent with the provisions of the
Club’s permit agreements and any other requirements, regulations or
agreements with state and local governments, other relevant authorities and
affiliated organizations.

ARTICLE XIII: RIGHTS OF MEMBERS
All rights not specifically granted to the Directors/Officers are reserved to
the members.

Dan: 2. MAILING ADDRESS OF THE CLUB: The address for many probably most corporations is not the address of an officer, director or member. BAPA, WOR and MCHGA don’t have addresses in their bylaws.
The most important address consideration is stability.

Pifko: No, this isn't the most important. It's more important that the people charged with renewing the club's insurance, renewing the permit, addressing any government paperwork, etc. get all the documents and respond in time so that we don't lose our flying privileges. Having too many steps in the process has in the past, and will in the future, jeopardize our permit.

This is a bad idea and an underhanded way of getting back at someone who is working for the hang gliding club's welfare in good faith.

Dan: 4. NOTIFICATION BY E-MAIL: E-mail notification places the burden on the Club to maintain an up to date list of e-mail addresses readily available to any member proposing bylaw changes. Presently there is no such list. Several members don’t have e-mail. Others may not want their addresses disclosed. Some large corporations give their shareholders the option of written or e-mail notification but this seems impractical for a club our size.

Pifko: Aside from my completely disagreeing with you and having the ability to show you step by step how this is an incorrect conclusion, the members have voted for email notification. It's not up to you or me.

Dear FF Members, During the last club meeting a vote was held to table bylaw discussions and refer to an offline comittee, the motion passed. Since that event a committee meeting happened last Sunday. This comittee was formed to work on revising the existing (simple) bylaws. The reason for changing the bylaws? Basically, the bylaws needed to be updated to mesh with the recent change to club incorporation. Also, wording was changed to be more consistant with non-profit status and adding provisions for protecting FF officers and agents etc. The reference for the changes are the existing (in force) bylaws which I believe are consistant with the wishes of the general pilot population present at the May and June meetings.

The comittee: (Steve R, Martin, Chris V, Dan Brown and Tom J) have worked these issues and completed bylaw revisions. Dan Brown will publish them to this discussion board for review and subsequent approval.

I hope you will support this balanced and fair approach to these changes.

Best Regards