BY-LAWS

KERN COUNTY SHERIFFS MOUNTED POSSE, INC. (KCSMP)

(Based on new By-Laws made at time of incorporation, 07/12/54 and adopted in January of 1955. This set of by-laws is up to date as of April 1st, 2024. All amendments still in effect have been included.)

STATEMENT OF POLICY

The Kern County Sheriffs Mounted Posse (hereafter referred to as KCSMP or Posse) is incorporated as a private non-profit organization subject to call at any time of the day or night by the Sheriff of Kern County to assist in any and all emergencies or calamities in any way required; provided, however, that in all other respects, the Sheriff neither controls nor directs the Kern County Sheriffs Mounted Posse or any of its activities. The Sheriff may participate from time to time in the activities of the Kern County Sheriffs Mounted Posse for the benefit of the community and in the interest of goodwill.

Should dissolution of the Kern County Sheriffs Mounted Posse be necessary, none of the assets of the organization will be distributed to its members. All assets at the time of the dissolution shall be donated to a worthy charity acceptable to the membership.

Article I Membership

Section 1
Qualifications

(a) Active Membership: All members in good standing of the Kern County Sheriffs Mounted Posse, an incorporated association, shall become members of this organization.

(b) Riding Member: After proposal by member in good standing of the KCSMP Applicant must pass a background check by the Kern County Sheriff’s Office (hereafter referred to as KCSO) and Pass riding qualification. Applicant shall be investigated by a committee consisting of a chairman and at least three (3) members all appointed by the Board of Directors/Captain. The chairman of this committee shall report to the Board of Directors his/her recommendation. The applicant will then be reviewed by the Board of Directors, the KCSO and recommended to proceed to general membership vote by secret ballot of the membership at a regularly called meeting, provided notice of intention to ballot be given by the Secretary to the membership by mail/email, addressed to each member at the address listed in the directory at least ten (10) days before such meeting.

Five (5) negative ballots shall reject such proposed new member. The applicant shall be required to have or purchase a horse, gun and shall provide him/herself with current posse equipment and uniform listed in the Posse uniform checklist. he/she shall be actively engaged or employed in the County of Kern, be twenty-one (21) years of age, a citizen of the United States and be of good moral character.

(c) Life Membership: Any active member having PAID DUES CONSECUTIVELY for twenty-five (25) years and in good standing may apply to the Membership committee and approved by the Board of Directors for a LIFE MEMBERSHIP, or any active member having attained the age of seventy (70) years or older and having PAID DUES CONSECUTIVELY for fifteen (15) years.

LIFE MEMBERS shall have a vote, a KCSMP badge and shall be privileged to attend meetings and other functions of the organization and shall be charged pro-rata the same as active members the cost of additional expenses and other functions he/she attends.

LIFE MEMBERS shall pay Annual Dues in the amount of 50% of the regular active member, Dues include monthly meeting dinners and shall receive notices of all meetings and other functions the same as active members and shall be listed on the roster. A life member may choose to pay half of this amount without having nominating and voting privileges.

LIFE MEMBERS shall be classified the same as inactive and honorary members in regard to the Quota limiting the membership.

(d) Inactive Membership: Any active member who for any legitimate reason is forced to leave the County of Kern for a period of in excess of six (6) months may become inactive, provided he/she is in good standing and makes such request to the Membership committee and secures the approval of the Board of Directors. An inactive member shall not be required to pay dues and shall be privileged to resume active membership upon returning to the County of Kern, provided he/she makes application to the Membership committee and approved by the Board of Directors within thirty (30) days after returning to said county, to resume active membership. An inactive member shall be privileged to attend meetings and other functions of the organization.

(e) Honorary Membership: The incumbent Sheriff of the County of Kern shall be an honorary member

of the Posse and Ex-officio member of the Board of Directors. Honorary members may be

elected by the same method as any regular member in appreciation of outstanding and meritorious service to the organization or to the community. Honorary members shall have no KCSMP Badge and no right to vote, but shall be privileged to attend meetings and other functions of the organization.

(f) Non-Riding Members: Non-Riding members shall be elected to membership in the same manner as are Riding Members. They shall be categorized as Non-Riding Members on the roster. They will have the same right to vote and ability to hold board/ officer position as Riding Members. They will have a KCSMP badge, shall pay regular dues as otherwise required of Riding Members. All probationary and other requirements of active membership, including all non-riding uniform items, shall be mandatory A Non-Riding Member may become a Riding Member with all the privileges of a Riding Member upon his or her obtaining a horse and riding it at a non Parade Posse function and passing riding qualification as well as requesting status change to the Membership committee and Board of Directors approval.

The number of members in this category shall never exceed 15% of the roster or 10 members, whichever is greater.

(g) Associate Members: Shall be elected to membership in the same manner as Riding Members, with the exception that an application fee is not required. Once approved, they will be categorized as an Associate Member on the Roster. As Associate Members they will have no KCSMP badge and not have any voting privileges. Associate members will not be allowed to ride horseback in an official capacity representing the Posse in parades, grand entries and/or etc. They will serve in administrative and/or support role, at various Posse events/functions. Associate Members are welcome to attend regular meetings and other functions of the organization (unless noted) and shall be charged the cost of meal and/or function they attend (if applicable). All Associate members are subject to the probationary requirements and must maintain a membership of good standing with the organization, pay their membership dues on an annual basis, at the rate of 50% the cost of a full member annual membership fee. Associate Members are required to dress in western attire at Posse events/functions as appropriate (excluding monthly meetings). Any additional uniform requirements of Associate Members to be directed by the Board of Directors.

(h) Former Members: Former members, who have left the Posse in good standing, shall be permitted to apply for reinstatement as members with all membership privileges. Said reapplying members shall not be required to fulfill the obligations of a new incoming member. The reapplying members shall be required to pass all Posse qualifications and background checks and will be subject to vote by the general membership in the same fashion as a new member.

(i) Limitation of Membership: Riding membership shall be limited to seventy-six (76) members.

(j) Vacancy: If there be no vacancy when an application for regular membership is received, the name of the applicant shall not be immediately considered for election, but his/her name will be placed on a list known as the “unelected” waiting list in the order in which the application is received. When a vacancy occurs in the regular membership, the Board of Directors shall consider for approval (following the regular procedure for membership as set forth in the By-Laws) the name or names on the “unelected” waiting list in the order in which they appear thereon

(k) Change of membership status: All changes of membership status must be reviewed by the Membership committee and recommended for approval by the Board of Directors

Section 2
Disqualification of Membership

(a) Dues are Due at the first meeting in January.

(b) Any member failing to pay by Feb 1st shall be considered delinquent and subject to 15% penalty. Any member failing to pay by, the first meeting in April, any valid financial obligation charged will be notified by the Secretary/Treasurer by registered mail or email cc Captain and Lieutenant, that he/she has forfeited his/her good standing and is suspended from the Posse and that he/she will be given an additional ninety (90) days to restore his/her good standing by payment of such obligation, as well as any subsequent legitimate obligation accruing after the initial ninety (90) day period and before date payment has been made. Failure to pay said obligation within the above-mentioned timeframe, member shall be automatically suspended. If, within 90 days from the date of suspension, the member pays all such financial obligations including any penalties in full, plus all past dues to date, he/she may then request to the Membership committee to be reinstated.

(c) Notice of any crime beyond any minor infraction or conviction of a crime must be reported to Lieutenant/Captain ASAP

(d) Disqualification of membership due to conviction, or a plea of guilt to any crime involving moral turpitude, nolo contendere or being found guilty of conduct detrimental to the best interest of the organization must be reviewed and recommended by a majority vote of the Board of Directors. Prior to any membership disqualifying action the accused member shall have the privilege to, within a reasonable time, present witnesses and defend himself/herself before the Board.

(e) Suggested revocation of membership by the KCSO/KCSMP may initiate suspension of Posse membership pending review/recommendation of the Board of Directors or ultimately by the Captain.

Section 3
Obligations

(a) Every member shall be required to surrender his/her KCSMP badge, Posse owned items such as Chaps, Posse Saddle Blanket and any other items noted on the Posse uniform checklist to the Captain/Lieutenant upon demand, or upon surrendering his/her membership in the organization.

(b) Unless excused by the Board of Directors, each new member shall be required to attend all parades, meetings and regularly scheduled functions of the organization, for the first year. If probationary member is not able to attend scheduled Posse event, probationary member must contact the Captain or Lieutenant to inform them they will not be attending the scheduled event. The Board of Directors shall, at their next regular meeting, review each absenteeism and may revoke membership. The decision of the board of directors must be reported to the members at the regular meeting.

Section 4
Uniforms

Uniforms shall be adopted by the members and shall be maintained in a clean, neat and orderly manner. Uniforms are to be worn only on official rides or at other formal meetings or assemblies, and may be worn by no one other than a member of this organization. The Lieutenant shall notify members when uniforms are required to be worn.

Members participating in any authorized event shall be properly attired and equipped in designated regalia and his horse and equipment must pass inspection by the Lieutenant or a designated alternate.

Section 5
Meetings and Membership

(a) Unless otherwise ordered by the Board of Directors, regular meetings of this organization shall be held upon the first Monday in each month that does not fall upon a holiday, at a place selected by the Captain. Meetings falling upon a holiday shall be postponed until the succeeding Monday. The Captain/Lieutenant or Secretary shall notify the membership in writing of such meetings by email, to email address listed in the directory

(b) Order of Business shall be:

1. Call the meeting to order

2. Flag salute

3. Call the role/introduction of guests

4. Review and approve minutes of the previous meeting

5. Captains report

6. Lieutenants report

7. Sergeant’s report

8. Treasurers report

9. Reports of committees

10. New business

11. Applications and/or balloting for membership

12. Unfinished business

13. Healthandwelfare

14. Goodoftheorder

15. Adjournment

(c) Dues for the next year are to be determined at the regular meeting in November.

(d) The regular meeting in December shall be designated as the Annual Meeting. Officers for the forthcoming year shall be elected at this meeting. The Annual Financial Report, approved by the Auditing Committee, shall be presented by the Treasurer.

(e) All current year budgets are to be approved at the February meeting.

Article II Directors

Subject to the limitations of the Articles of Incorporation, of these By-Laws, and of the laws of the State of California, all corporate powers shall be exercised by or under the authority of, and the business and affairs of this corporation shall be controlled by the Board of Directors.

Section 2

Number and Qualification

The authorized number of directors of this corporation shall be nine (9) until changed by amendment of the Articles of Incorporation or by amendment of this section, adopted by the vote or written assent of a majority of the members of the corporation.

Section 3

Election and Tenure of Office

(a) The Posse shall be governed by a board of nine (9) directors, consisting of a Captain, a Lieutenant and six (6) other directors, elected by secret ballot of the membership present at the December meeting and the immediate Past Captain who automatically becomes a director for the ensuing year.

(b) Nominations for Captain, Lieutenant and three (3) directors shall be opened at the November meeting and closed at the December meeting. After nominations have been closed at the December meeting, nominees shall be voted upon by secret ballot of the membership present. Newly elected officers and directors to take office at the next scheduled meeting after election. Term of office for Captain and Lieutenant shall be one (1) year. Captain and Lieutenant may succeed themselves and is limited to a maximum of two (2) consecutive years in office. Term of office for the three

(3) directors shall be two (2) years. No director shall succeed themselves.

At the December meeting first following the adoption of this section, six (6) directors shall be elected. The three (3) receiving the most votes shall serve for a period of two (2) years, and the other three (3) shall serve for a period of one (1) year.

Section 4
Vacancies

Any vacancy in the directorate, for any reason, shall be filled by a majority vote of the remaining directors, and each director so elected shall hold office until his successor is elected at a meeting of the members called for that purpose.

Section 5
Place of Meetings

Meetings of the Board of Directors shall be held from time to time as designated by the Captain, or during his absence, and in case of emergency by the Lieutenant.

Section 6
Regular Meetings

Regular meetings of the Board of Directors shall be held immediately prior to any regular meeting of the membership. No notice need be given of such regular meeting of the directors.

Section 7
Quorum and Vote

A majority of Directors, as fixed by the Articles of Incorporation, or By-Laws, shall be necessary to constitute a quorum for the transaction of business. A majority of Directors, in the absence of a quorum, may adjourn from time to time, but may not transact other business. The action of a

majority of the Directors present at any meeting at which there is a quorum, when duly assembled, is valid as a corporate act.

Article III Officers

Section 1
Officers

The officers shall be a Captain, a Lieutenant, a Secretary and a Treasurer, the latter two of which may be combined at the discretion of the Board. The officers shall be elected by and hold office at the pleasure of the membership. The Treasurer, or Secretary-Treasurer, as the case may be is to be adequately bonded.

Section 2
Removal and Resignation

A director may be removed only by secret ballot after proper notification and by the consent of a two-thirds majority vote of the membership present at a regular or specially called meeting. Any officer may resign at any time by giving written notice to the Board of Directors, to the Captain or Secretary, which resignation shall be effective as of the date specified therein, and acceptance thereof by the Board shall not be necessary to make it effective.

Section 3
Captain

(a) The Captain shall be the chief executive officer of the corporation and shall have general supervision, direction and control of the business affairs of the corporation. He/She shall preside at all meetings of the

members and of the Board of Directors. He/She shall be ex-officio member of all committees and shall have the general powers and duties of management usually vested in the office of President of a corporation and shall have such other powers and duties as may be prescribed by the Board of Directors.

(b) The Captain, or any one serving in his capacity, should he deem it necessary to the best interests of the Posse, shall have the unquestioned authority to postpone any action that may be brought to the floor at a regular meeting until the following meeting for further discussion or vote.

(c) Any contingencies not covered by the By-Laws shall be left to the discretion and decision of the Captain,

Section 4
Lieutenant

The Lieutenant shall, in the absence of or disability of the Captain, perform and exercise the powers and duties of the Captain.

Section 5

Secretary and Treasurer

The Secretary and Treasurer shall be selected by the Board of Directors. he/she shall keep, or cause to be kept, a book of minutes at the principal office of the corporation, or such other place as the Directors may prescribe, in which shall be recorded all meetings of Directors and members, with the time and place of holding, whether general or special, and if special how authorized and the names of those present at Directors meetings, and the number of members present at members meetings and the proceedings had and members taken therein. The Secretary shall be given by each member an address/email to which notices may be sent by mail and all meetings requiring notice by the Secretary shall be notified by mailing such notices to the addresses given the Secretary. The Secretary shall keep the seal of the corporation and affix the said seal to all documents requiring a seal. The Treasurer shall keep and receive all of the funds of the corporation and pay them out on the check of the corporation signed in the manner authorized by the Board of Directors.

Article IV Committees

Section 1

Executive Committee

The Board of Directors shall constitute the executive committee of the Corporation. The Captain, as the occasion requires, appoints other committees and prescribes their powers and duties.

Article V Corporate Records

Section 1
Records

The corporation shall maintain adequate and correct accounts, books, and records of its business and properties.

Section 2
Inspection of Books and Records

All such books and records shall be open to the inspection of the members.

Section 3
Checks, Drafts, Etc.

All checks, drafts or orders for payment of money, notes or other evidence of indebtedness issued in the name of or payable to the corporation shall be signed or endorsed by such person or persons and in such manner as shall be determined from time to time by resolution of the Board of Directors.

Section 4
Large Expenditures

Any expenditure by the Board of Directors in excess of $500.00 shall be approved by a two-thirds majority vote at a regular or specially called meeting of the members.

Section 5
Contracts

The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the corporation. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, no officer; agent or employee shall have any power or authority to bind the corporation.

Article VI Corporate Seal

The corporate seal shall be circular in form and shall have inscribed then the name of the corporation, the date of its incorporation, and the word “California”.

Article VII Amendments to By-Laws

Motions to amend the By-Laws, either by members or directors, may be presented at any regular meeting of the membership and be voted upon at the following meeting of the membership. Notice of intention to amend and a copy of the proposed amendment shall be emailed by the Secretary to each member ten (10) days in advance of said meeting.

Whenever an amendment of new By-Laws is adopted it shall be copied in the Book of By-Laws with the original By-Laws in the appropriate place.

If a By-Law is repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted, shall be recorded in said book. To amend the By-Laws a two-thirds majority vote of the membership present at a regular or specially called meeting is required.

Article VIII Dues and Assessments

Section 1

Dues and Assessments

(a) The amount of initiation fee and annual dues shall be fixed by the Board of Directors and are to be effective after approval by the membership at the November meeting.

(b) Any assessment levied by the Board of Directors, in the interest and for the benefit of the membership as a whole, and approved by a majority vote of the members present at any regular meetings shall be applied to all dues-paying members.

(c) A proposal made at any regular meeting to assess, to cover any special event or activity, which may not be of equal benefit to all members shall not be approved until the next regular meeting, before which all membership shall be notified by mail ten (10) days in advance of such meeting of the reason for the proposed assessment. Members not attending the said meeting may notify the Captain or the Secretary in writing of non-participation, otherwise the above-mentioned next regular meeting, event or activity as approved by a majority of the members present, it shall be the right of those opposing to refuse such assessment. Failure of those present to officially notify the Captain or the Secretary before the close of the meeting that he does not wish to participate shall be construed as acquiescence and any assessment levied to cover the event will be charged to him.

Updated 4/01/2024.