Borough of Emmaus
Community Garden Commission
28 S. 4th Street
Emmaus, PA 18049
BY-LAWS
Article I: Commission Name
The name of the organization shall be the Emmaus Community Garden Commission, hereafter named “Commission”.
Article II: Establishing Legislation and Authority
The Commission is established pursuant to Emmaus Borough Ordinance 1176 as adopted by the Emmaus Borough Council.
Any expenditure of funds or creation of policy remains within the authority of Borough Council.
Article III: Mission
To create a community facility where individuals can come together to promote the benefits of locally grown organic food that is environmentally friendly, sustainable, and cost effective and which delivers economic, health, and educational benefits to a wide array of Borough residents.
Article IV: Commission Purpose
The Community Garden Commission shall oversee administration of garden plots for residents and non-residents of the Borough of Emmaus and to maintain basic records of anyone leasing a garden plot.
The Borough of Emmaus seeks to foster and promote a welcoming garden space for growing vegetables, herbs, fruits, and flowers to any individual or representative of a community organization for their own use, or to be collected and distributed to area organizations that feed the disadvantaged. The Borough seeks to strengthen and educate community gardeners and the public at large through outreach, networking, and advocacy, to grow, harvest, use, and distribute food in our community, while developing programs to train garden members. The Community Garden Commission will strive to educate and include the public at large in events at the garden and other facilities. The garden will be well managed; all garden plots and common spaces will be well-maintained and used productively.
Article V: Non-Partisanship
The Commission shall be nonpartisan and shall not endorse any political party or candidates, collectively as the Commission, nor as an individual commissioner representing the Board. Members may endorse any political party or candidate as they so wish as a private citizen.
Article VI: Goals and Objectives
The Community Garden Commission’s goals and objectives are to provide administrative support, recommendations and assistance to the Borough of Emmaus and individuals participating in the Emmaus Community Garden in the following areas:
A. The Commission shall oversee administration of garden plots for residents and non-residents of the Borough of Emmaus and to maintain basic records of anyone leasing a garden plot. The Commission shall assist the Borough in ensuring members complete the Rules and Waiver forms as well as any Plot Rental Agreements, assist with the coordination of plot assignments, organize community work days, and work with Borough staff to ensure that all needed resources are properly functioning and provided.
B. To help establish rules and regulations for gardening in the Community Garden.
C. To convey community-determined guidelines and expectations of the garden to each garden participant and be the first line of communication between gardeners and the Borough of Emmaus. Inform gardeners and community members of opportunities the Borough provides at the community garden and for the broader community, including workshops, classes, etc.
D. To strengthen and educate community gardeners and the public at large through outreach, networking, and advocacy, to grow, harvest, use, and distribute food in our community, while developing programs to train garden members.
E. To work with Borough Council in an advisory capacity for maintenance of the Community Garden as a vital cog in the quality of life for its residents.
F. Mediating issues within the community garden. Issues may include neglected / weedy plots, vacant plots, watering issues, alcohol, smoking, pets and harvesting other gardener’s produce, or other issues. As per the plot application / waiver every participant signs each year, the Borough has the “final say” if the participants and Commission cannot resolve this conflict.
G. To make the citizens of Emmaus aware of the programs and facilities available to them. To encourage their involvement and participation in every aspect thereof.
H. Developing long-range plans for the continuation and improvement of the Community Garden and the Commission. The Commission may implement these plans when feasible, and in other cases, present these plans to Borough Council for consideration.
I. The Commission will strive to educate and include the public at large in events at the garden and other facilities.
J. To raise funds for its activities and make those expenditures, as approved by Borough Council, necessary for the activities of the Commission.
K. Shall annually report in writing to Borough Council. The report shall contain a statement detailing all activities conducted during the year. In addition, each annual report shall contain an income / expense statement.
Article VII: Definitions
The following definitions are used in these By-Laws:
A. Board – the Board of the Emmaus Community Garden Commission
B. Commissioner – an appointed member of the Emmaus Community Garden
C. Committee – a selection of members, not less than two, to fulfill a particular function of the Commission
D. Standing Committee – shall be a permanent Committee and will consist of Commission members only, unless approved by the Commission
E. Special Committee – shall be a temporary Committee, convened as necessary, and may contain non-Commission members
Article VIII: Membership
A. The Commission members (Commissioners) shall be appointed by the Emmaus Borough Council.
B. The Commission shall consist of up to seven (7) members. No less than four (4) members shall be Borough of Emmaus residents and no more than three (3) members shall be non-Borough residents.
C. Commission members shall be current or past members of the Community Garden and shall include one member of the Emmaus Borough Council and the Borough Manager. Voting members shall have been an active member of the Community Garden for at least one full growing season. The Borough Manager and Council member shall be non-voting members and shall serve in an advisory position and liaison to the Borough Council. Non-voting members shall not count towards the membership total.
D. Commission members shall participate in scheduled meetings, respond to communication to and from the Commission, and support and attend Commission activities and events.
Article IX: Terms
A. Commission members shall be appointed to a term of four (4) years, unless said appointment is to fill a vacancy created by an unexpected term, in which case the term of appointment shall be the time remaining in the previously vacated position. Terms shall be staggered in a two-year cycle, so that four terms begin in year one, and three terms begin in year two.
Article X: Removal from Office and Membership
A. The Emmaus Borough Council may remove any and all members of the Commission for official misconduct including, but not limited to, neglect of duty, conviction of a crime, misfeasance, nonfeasance, malfeasance, and any violation of these by-laws, and may fill the vacancy for any unexpired term of any previously appointed member of the Commission.
B. Members shall regularly attend Commission meetings. Commission members with three unexcused absences within any 12-month period may be referred to the Emmaus Borough Council for removal from the Commission.
C. Members shall regularly attend Commission-sponsored events. Commission members who fail to attend events in which they accepted assignment and responsibility will be referred to the Emmaus Borough Council for removal from the Commission.
Article XI: Meetings
A. Regular meetings of the Board will be set in December for the upcoming year. All meetings will be advertised in a newspaper of general circulation in accordance with the Pennsylvania Open Meetings Act, unless such a meeting is deemed exempt from advertising requirements, as decided exclusively by the Borough Manager or Borough Solicitor.
B. The Commission shall meet no less than one time per fiscal quarter and no less than four times per fiscal year. Special meetings may be scheduled as needed as determined by the Commission or Borough Council.
C. All meetings of the Board are considered Public Meetings in accordance with the Pennsylvania Open Meetings Act, unless such a meeting is deemed exempt from public involvement, such as an Executive Session, which must meet the requirements of an Executive Session.
D. All meetings shall be held in Emmaus Town Hall, unless otherwise agreed upon by the Board and public notice is appropriately given, as required under the law.
E. A majority of the active members of the Commission shall constitute a quorum.
F. The Annual Meeting shall be the first meeting of the fiscal year, for the purpose of election of officers and voting for acceptance of the by-laws. A quorum is necessary; designation of Commission and Committee assignment will also be made.
G. A quorum being present, the order of business at the regular meetings of the Commission shall be as follows:
a. Roll Call
b. Approval of the minutes of the last meeting or special meeting
c. Presentations / Public Comment
d. Communications to the Board
e. Old Business
f. New Business
g. Public Comment
h. Adjournment
The above order may be amended, changed, or altered at the discretion of the Chair at the regularly scheduled meeting.
H. Special meetings may be called by the Chairperson or a majority of the members at any time deemed necessary or desired. All Commissioners must be notified of the meeting seventy-two (72) hours in advance of said meeting and a public notice of the meeting shall be posted. A quorum is required. Any decision or action voted on at this meeting will be in effect until the next regular meeting, at which time it will be subject to review and final approval of the entire Board.
I. Workshop meetings can be convened at the discretion of the Board and do not require public notice, so long as the meeting is regarding the preparation of a specific event. No other business shall be discussed during workshops. A workshop meeting may include but is not limited to preparing a facility the day prior to an event, or planning specific details of an event the week of the event.
J. The Board shall operate under the precepts of Robert’s Rules of Order Newly Revised.
K. Minutes and / or records of the business conducted at all meetings of the Board or any committee thereof shall be kept by the Commission and shall be submitted to the office of the Borough Manager for proper distribution and shall be open for public inspection in accordance with the Pennsylvania Open Records Act. The minutes of each meeting shall be forwarded to each Commissioner prior to the regular meeting at which such minutes are subject to approval by the Commission.
L. Agendas shall be distributed to members with a copy of the minutes no less than 24 hours prior to the start of the committee meeting.
M. Meetings can be cancelled with a 24-hour notice prior to the scheduled start of the meeting. The Chairperson shall be responsible for cancelling any meeting of the Commission. In the case of an emergency or inclement weather, meetings may be cancelled less than 24 hours prior to the scheduled start of the meeting.
N. All matters decided by the Commission require a majority vote, with a proper motion, a second, and a majority of members attending.
Article XII: Election of Officers
A. Nominations;
B. At the Annual Meeting, the members of the Commission shall elect from its membership a Chairperson, a Vice Chairperson, a Secretary, and a Treasurer;
C. Two-thirds of the active members of the Board must be present to constitute an appropriate election;
D. Election will be by a majority vote of the active members of the Board;
E. Elections will be conducted through a nominating process, whereas members shall nominate candidates for the position. Votes shall be in accordance with the order a candidate was nominated. Each candidate shall be voted on separately until a single candidate receives a majority vote for the officer position;
F. Terms will be for one year;
G. In case of a vacancy during the year, an election to fill such a vacancy shall be held at the next regular meeting following such vacancy, provided at least five (5) days written notice of such election shall have been sent to all Commissioners. If the position of Chairperson is vacant, the Vice Chairperson shall serve in the role of Chairperson until the term expires. The Vice Chairperson shall vacate the Vice Chairperson role to assume the role of Chairperson. An election for the position of Vice Chairperson shall ensue.
H. Officers
shall take office immediately upon the results of an election.
Article XIII: Officers
A. The officers of the Community Garden Commission shall consist of a Chairperson, Vice Chairperson, Secretary, and Treasurer as nominated and voted on by the Commission.
B. Elected officers shall serve a term of one year and shall be elected and appointed at the first meeting of the fiscal year.
C. The Borough Council representative and Borough Manager, or any other liaison from other organizations, shall be ineligible from being appointed as an officer of the Commission.
D. The responsibilities of the officers shall be as follows:
1. Chairperson
a. Preside at all meetings and shall have the general supervision, control, and direction of the affairs of the Board;
b. The Chairperson shall be elected to such position by nomination and majority vote of all Commissioners;
c. The Chairperson shall serve for a term of one year;
d. The Chairperson shall have voice and vote on all Board matters;
e. Sign such official papers as are prepared or approved by the Commission;
f. Call special meetings at the discretion of the Chair or upon the written request of a majority of the Board members;
g. Cause to be prepared and submitted an annual capital budget estimate with the advice and aid of the Borough Manager and / or Emmaus Budget and Finance Committee of Council;
h. Appoint Chairs of all Standing and Special Committees;
i. If the Chairperson is unable to serve the full term of office, the Vice Chairperson will serve the remaining term of office of the Chairperson
2. Vice Chairperson
a. Progress such powers and shall perform such duties as may be assigned from time to time by the Chairperson, and in the absence of the Chairperson, assume and perform all duties and powers of the Chairperson;
b. The Vice Chairperson shall be elected to such position by nomination and majority vote of all Commissioners. Nominations shall be made and voted upon at the first meeting of the fiscal year;
c. The Vice Chairperson shall serve a term of one year.
3. Secretary
a. Shall notify the members of all meetings;
b. Keep a written record of all meetings;
c. Call special meetings upon request of the Chairperson;
d. Record all votes by members and attach to the minutes;
e. Make a copy of the record of all meetings available to the Board members and the Borough Manager as well as the Borough Council liaison to the Board;
f. Assist the Chairperson in preparing the Annual Report to Council at the conclusion of every fiscal year;
g. The Secretary shall be elected to such position by nomination and majority vote of all Commissioners. Nominations shall be made and voted upon at the first meeting of the fiscal year;
h. The Secretary shall serve a term of one year.
4. Treasurer
a. Shall work hand in hand with the Emmaus Borough Treasurer to keep an accurate record of all revenue and expenses of the Commission;
b. Shall present the Commission with an up to date budget at all meetings of the Commission;
c. Shall be responsible for assisting in preparing invoices as well as receiving payments for the Commission;
d. Shall be responsible for working with the Borough Treasurer to assure that all bills are paid in a timely manner;
e. Shall assist the Chairperson in preparing the Annual Report to Council by preparing an income / expense statement for submission;
f. Shall assist the Chairperson in preparing an annual capital budget to be submitted in September of each fiscal year;
g. The Treasurer shall be elected to such position by nomination and majority vote of all Commissioners. Nominations shall be made and voted upon at the first meeting of the fiscal year;
h. The Treasurer shall serve a term of one year.
Article XIV: Committees
A. The Chairperson shall submit for approval, by a majority vote of the Board, any Committees deemed necessary.
B. The Chairperson shall be an ex-officio member of all committees, and as such, notified of all committee meetings.
C. Each Committee shall consist of at least two members of the Commission and can consist of non-Commission members.
D. The Commission may appoint and dissolve standing committees and any ad hoc committees as necessary.
Standing Committees may include but are not limited to the following:
· Garden Coordination Committee – the committee shall oversee the rental of garden plots and coordinate garden activities. The committee will be responsible for keeping current information and otherwise managing of individual and family renters. This committee shall keep renters informed of decisions made by the Commission as well as information regarding the garden and helpful advice.
· Harvest for the Hungry Committee – the committee shall be responsible for preparing the soil, planning, composting, coordinating harvests, transplanting, and contacting individuals and organizations for the distribution of produce from the Community Garden.
· Education and Public Relations Committee – the committee shall include setting up workshops for garden members as well as for members of the public. Public Relations shall be responsible for preparing and publishing newsletter articles, press releases, and other forms of communications for events and different purposes.
· Maintenance Committee – the committee shall be responsible for keeping the garden looking neat by working with the Public Works Department to mow and weed control properly around the garden in the public areas and maintain irrigation systems, as well as security systems and fencing. The committee will also work with gardeners to ensure that they are properly caring for their garden plots and not allowing weeds, overgrowth, and unwanted vegetation into the garden.
· Rules Committee – the committee will work with Borough Administration to create the rules and regulations for rental and maintenance of garden plots.
Article XV: Associate Members, Honorary Members, Junior Members, and Advisors:
The Commission shall have the ability to name associate members, honorary members, junior members, and advisors to help with the duties of the Commission. Although the members will not have voting authority and are not officially recognized as Commission members, they have the potential to serve in crucial capacities for the betterment of the Community Garden and the gardening experience.
Section 1: Associate Members
Associate members, if appointed by the Commission, shall not have the right to vote, but shall have the right to participate in meetings and activities of the Commission as the Commission may designate.
Section 2: Honorary Members
The Commission may elect Honorary Members from the former members of the Commission. Such Honorary Members shall have the same rights and privileges as Associate Members.
Section 3: Advisors
The Commission may elect Advisory Members to assist with the business of the Commission or to offer Master Gardener advice. Such Advisory Members shall have the same rights and privileges as Associate Members.
Section 4: Junior Members
The Commission may appoint by majority vote Junior Members of the Commission. Junior Members shall be residents of the Borough of Emmaus and shall be between the ages of 10 years old and 18 years old, inclusive. Such Members shall not have the right to vote nor to present themselves as official members as the Commission, but shall have the same rights and privileges as Associate Members, except that the term of a Junior Member shall not exceed one year. Junior Members may serve successive terms. The goal of appointing Junior Members shall be to be introduced to and learn the processes and functions of gardening.
Article XVI: Conflict of Interest
Any member of the Commission who has a financial interest in or conflict with any matter pending before the Commission, of such nature that prevents (or may prevent) the member in acting in an impartial manner shall voluntarily excuse himself / herself from voting on the issue.
Any member of the Commission who is found to intentionally violate this section of the By-Laws shall be referred to the Emmaus Borough Council for consideration of removal from the Commission.
Article XVII: Annual Report.
The Commission shall annually report in writing to Borough Council. The report shall contain a statement detailing all activities conducted during the year. In addition, each annual report shall contain an income / expense statement.
Article XVIII: Amendments
A. The By-Laws may be amended at any Regular meeting of the Board;
B. A quorum is required;
C. Any amendment requires approval of at least two-thirds of the members in attendance;
D. Written notice of the proposed amendment shall be sent to the members by the Secretary at least ten (10) days prior to the meeting;
E. These By-Laws shall be reviewed at least every five (5) years and will be adopted by the Commission annually;
F. All amendments to the By-Laws shall be presented to the Emmaus Borough Council for formal adoption by a majority vote of Council at a Regular Meeting of the Emmaus Borough Council.
Article XIX: Communication
A. All activities of the Board will be communicated to the Emmaus Borough Council through the Borough Manager or Borough Council liaison. Copies of all correspondence, minutes, agenda or other forms of written communication from the Board will be provided to the Borough in this fashion.
Article XX: Adoption of By-Laws
A. Immediately upon favorable vote of the majority of the Borough Council members of the Borough of Emmaus, these By-Laws shall be in full force and effect. Any and all previously adopted By-Laws are hereby superseded.
B. These By-Laws shall not be considered or construed as superseding any ordinance or directive of the Governing Body of the Borough of Emmaus, nor shall they preclude the preparation and adoption of further procedural matters and policies by which the Advisory Body may direct its activities.
Duly adopted this __________ day of ___________ by the Emmaus Community Garden Commission and on this ___________ day of _____________ by the Borough of Emmaus Council.
BOROUGH OF EMMAUS:
__________________________ _____________________________
Shane M. Pepe, Borough Manager Brent A. Labenberg, Council President
EMMAUS COMMUNITY GARDEN COMMISSION:
___________________________ _____________________________
Witness Chairperson
