Please note that as a NYC Community Garden, this garden also follows Green Thumb Garden Regulations

MORRIS-JUMEL COMMUNITY GARDEN BY LAWS

(Revised and approved by garden membership May 2017)

  1. Meetings:
    1. Monthly meetings are held on the first Saturday of each month from April through October (the “Season”).
    2. Members may suggest Agenda items to the Vice President up to 48 hours before a meeting.
      1. Agenda items suggested less than 48 hours before a meeting may be included at the discretion of the Board.
    3. Special meetings maybe scheduled by the Board or by the vote of Members.
  2. Board and Elections:
    1. The garden Board shall consist of a President, Vice President, Treasurer, and Secretary.
    2. Each Board Member should participate in at least one Green Thumb workshop or function each Season.
      1. Responsibilities of the President:
        1. Serve as one of two primary garden contacts for Green Thumb.
        2. Report incidents involving the police to Green Thumb.
        3. Schedule work days.
        4. Maintain and track Violations, Warnings, and Loss of Status as Member or Box-holder as described in Section 9.
        5. Draft official correspondence from the garden to Members or the public.
      2. Responsibilities of the Vice-President:
        1. Serve as one of two primary garden contacts for Green Thumb.
        2. Maintain common areas of the garden.
        3. Arrange for power and water.
        4. Ensure that a garden Member goes to all or most of the Green Thumb Workshops and that the garden receives materials distributed or promised.
        5. Arrange for snow and trash removal.
        6. Procure any necessary permits and documentation (water, lease, etc.).
      3. Responsibilities of the Treasurer
        1. Maintain accurate financial records throughout the year to be reviewed at any time by Members.
        2. Collect and maintain records of Member dues.
        3. Disburse and deposit funds promptly as approved by garden membership. Ensure all receipts are kept for record of disbursement.
        4. Report expenses and income (donations, dues, etc.) to the Members at all regular monthly meetings.
        5. Submit Port-a-Potty application each year in a timely fashion and ensure payment thereof.
      4. Responsibilities of the Secretary:
        1. Maintain and make available to Members:
          1. an open hours sign up document,
          2. a membership & important contacts list,
          3. an email listserv,
          4. a garden calendar of events,
          5. an archive of meeting notes and other important documents including correspondence,
          6. a website or blog, and
          7. current and up to date garden bylaws.
        2. Assemble meeting agenda
        3. Notify Members of meetings and distribute meeting agenda.
    3. Elections for the Board shall be held at the first meeting of the Season (in April) of odd-numbered calendar years.
    4. Members can self-nominate or be nominated by other Members to run for any position on the Board on the day elections are held.
    5. Elections will be held by secret ballot.
      1. Ballots will be tallied jointly by two volunteer Members who are not running for any current Board position.
  3. Voting:
    1. Votes at meetings (other than those taken to amend the garden by-laws) are binding when there is a minimum of 1/3 of the current Members present.
    2. Votes at meetings to amend the garden by-laws are binding when there is a minimum of 1/2 of the current Members present.
    3. Votes are decided by a simple majority of Members present.
  4. Garden Finances:
    1. Disbursements for the garden other than petty cash ($20 or less) shall be approved by a vote of Members at a meeting (see Section 3a).
    2. Cash advances for approved purchases may be made on a case by case basis upon approval by the Board.
      1. Cash advances to a Member for approved purchases should be reconciled (with receipt of cash and receipts/invoices) within 3 months of the Member’s receipt of the advance.
  5. Box Distribution:
    1. Boxes may be held by individual Members or groups of Members, but the Member(s) responsible for the box should be clearly indicated to the Secretary and is(are) considered Box-holder(s).
    2. Box-holders should inform the Secretary as soon as possible if they intend to release their box.
    3. Members should inform the Secretary if they wish to be placed on the Box Waitlist.
    4. The Garden Secretary shall inform Members if vacant boxes are available at an upcoming meeting.
    5. Members wishing to obtain or exchange a garden box must be physically present at the meeting in which the vacant boxes are offered, except when a box becomes vacant unexpectedly due to loss of Membership or Box-holder status, or last-minute voluntary release of a box.
    6. Vacant boxes will be offered for exchange to other Box-holders in order of seniority.
    7. After any exchange is complete, boxes are offered to Members in order from the Box Waitlist.
  6. Membership:
    1. Individuals seeking to join the garden as Members must be voted in as Provisional Members. This will take place at the end of each garden meeting.
    2. Provisional Members do not receive a key, do not have the right to vote or are allowed to place their names placed on the Box Waitlist. They are not included on the Garden Listserv or Contact List.
    3. Provisional Members become Members upon paying the annual membership dues and signing up for 5 hours in the Season during posted open hours.
    4. Members:
      1. receive a numbered access key,
      2. have the right to vote at meetings,
      3. are allowed to place their names on the Box Wait-list and receive a box, and
      4. are included on the Garden Listserv and Contact List.
    5. Existing Members are Members from the previous Season.
  7. Regulations Regarding Membership:
    1. Existing Members must pay $10 in annual membership dues before the June meeting.
    2. Existing Members must sign up for five hours each Season during posted open hours before the June meeting, preferably weeding, watering and maintaining common areas during some of this time.
      1. Members must complete these hours before the end of the season.
      2. Attendance at GreenThumb and other workshops and/or picking up of garden supplies and/or work on garden construction projects may be considered against these five hours on a case by case basis at the discretion of the Board.
      3. Members may sign up for only one “meeting day” during the hours of 12-3pm each Season, and if doing so, must sign up for at least 3 hours, and must sign up more than 48 hours in advance.
    3. Members must attend 2 meetings each Season.
    4. Members receiving cash advances for approved purchases must reconcile the advance (with receipt of cash and receipts/invoices) within 3 months of the Member’s receipt of the advance.
    5. Members must not duplicate keys or loan or give keys to individuals who are not Members, including family members who are not Members.
    6. Members may not store furniture or other objects in common areas without prior consent by vote of garden Members at a garden meeting.
    7. Members undertaking major work in common areas of the garden (i.e: major pruning, construction, plantings) must announce the proposed major work at a garden meeting and such work must be approved at a garden meeting. “Major work” does not include regular maintenance, weeding, box repair, mulch distribution, etc.
    8. Members sponsoring events in the garden must:
      1. turn off all sound systems by at 11:00pm,
      2. not allow more than 30 people in at the event,
      3. clean up after the event within 12 hours of the end of the event, especially garbage and recycling, which must be bagged and either placed on the curb if on the appropriate day or placed near the garden entrance in preparation to be placed on the curb on the appropriate day, and
      4. assume responsibility for the behavior of all event guests, ensuring that guests follow garden rules. Members may receive warnings for violations of regulations by their guests.
    9. Members may not touch or access garden boxes of other Box-holders unless permitted by the Box-holder.
    10. Members must follow the following rules regarding personal behavior while in the garden. Members must:
      1. not use alcohol or illegal substances,
      2. be considerate of everyone in the garden if smoking cigarettes (not smoking near non-smokers unless they approve, and/or smoking near children), and
      3. not engage in offensive behavior.
      4. Offensive behavior consists of conduct that is disrespectful toward others, and includes acts of discrimination regarding ethnicity, race, gender, class, sexual orientation and physical capacity or mannerisms that reasonably constitute physical, sexual, or verbal harassment or abuse or any form of violence such as hitting or pushing others, throwing things, yelling, using a threatening or demeaning tone, or spitting.
    11. Members must have board approval to (a) bring items into the garden (that are not going into their plot) (b) throw items away that are not in their your own plot  (c) pull plants, or put plants in common area. If any of the above is violated, the member will receive a warning.
          1. Members who sign up for hours but do not show will receive an immediate membership warning.
  8. Regulations Regarding Boxes:
    1. Box-holders must pay $15 per box in annual box fees (regardless of number of Members responsible for the box) before the June meeting.
    2. Box-holders must weed, work and plant their boxes before the June meeting.
    3. Box-holders must weed and maintain the area and walkways around their boxes, and ensure that walkways around their boxes are clear and passable.
    4. Box-holders may only allow other Members to assist them in their boxes, and in that case provided that:
      1. The Member assisting the Box-holder does not fulfill Sections 7a and 7b on the Box-holder’s behalf.
      2. The Member assisting the Box-holder acknowledges that they have no rights to the box; if the Box-holder loses Box-holder status during the Season, the box is distributed as described in Section 5.
  9. Violations, Warnings, and Loss of Status as Member or Box-holder:
    1. Violations of Regulations Regarding Membership
      1. The Board will find Members in violation of Sections 7a, 7b, 7bi, 7c, and 7d. Members may not dispute these violations.
      2. Any Member can suggest that another Member is in violation of Sections 7e through 7L.
        1. The suggesting Member should contact the President at least 7 days before the next meeting and describe the violation in as much detail as possible.
        2. The President will contact the Member against whom a violation is being suggested at least 4 days before the next meeting and determine if the Member wants to dispute the violation at the meeting.
        3. If the violation is disputed, the violation will be discussed at the next meeting and subject to a vote.
          1. If either the Member suggesting the violation or the Member against whom the suggestion has been made cannot attend the next meeting. The absent Member should provide a written statement, which will be read on their behalf by the President or Vice President before a vote is taken.
            1. If no statement is provided by the Member against whom the violation has been suggested, the violation is undisputed and passes without a vote.
            2. If no statement is provided by the Member suggesting the violation, the violation is considered unfounded and dropped without a vote.
      3. Members found in violation of Section 7a and 7b will be issued a Provisional Membership Warning.
        1. Members have until the next monthly meeting to correct these violations before Provisional Membership Warnings become Membership Warnings.
      4. Members found in violation of Section 7bi, 7c to 7j are immediately issued Membership Warnings.
      5. Members with Membership Warnings from violations of Section 7bi, 7c, 7d, 7e, 7i and 7j will immediately:
        1. if a Box-holder, lose Box-holder status and be considered a Member without a box. If they chose, they may place themselves on the Box Waitlist, or,
        2. if on the Box Waitlist, lose their place on the Box Waitlist. If they chose, they may place themselves again on the Box Waitlist.
      6. Members with three Membership Warnings in one calendar year will lose their status as a Member and must return their key. They are considered members of the public at this time, and may not be in the garden when it is not open to the public, nor may they continue to work a box, if they were a Box-holder. If the individual is a single Box-holder, the box is released and offered to Members as described in Section 5.
      7. One year from losing their status as a Member, the individual may apply to the garden as a New Member as described in Section 6 above.
      8. Membership Warnings regarding violations of Section7 expire at the end of the calendar year, except for Membership Warnings regarding 7bi, 7c, 7d, 7e, 7i and 7j.
      9. Membership Warnings regarding violation of Sections 7bi, 7c, 7d, 7e, 7i and 7j remain indefinitely, and require a vote of the membership to remove. Such removal may be requested by the offending Member one calendar year from the date the Warning was issued.
    2. Violations of Regulations Regarding Boxes
      1. The Board will determine violations of Regulations Regarding Boxes.
        1. Box-holders must comply with Sections 8a and 8b on or before the June meeting.
        2. Informal warnings regarding Sections 8a and 8b will be issued by the Board at the May meeting.
        3. Any Member can suggest that another Member is in violation of Regulations Regarding Boxes.
          1. The suggesting Member should contact the President at least 7 days before the next meeting and describe the violation in as much detail as possible.
          2. Determination of the validity of a suggested violation of Regulations Regarding Boxes by another Member is at the discretion of the Board.
      2. The President will contact the Member against whom any violation of Regulations Regarding Boxes has been determined at least 4 days before the next meeting and determine if the Member wants to dispute the violation at the meeting, or resolve it before the meeting.
      3. Only violations of Sections 8b through 8d may be disputed.
      4. If the violation is disputed, the violation will be discussed at the next meeting and subject to a vote.
        1. If the Member against whom the suggestion cannot attend the next meeting. The absent Member should provide a written statement, which will be read on their behalf by the President or Vice President before a vote is taken.
          1. If no letter or statement is provided, the violation is considered undisputed and passes without a vote.
      5. Box-holders found in violation of any of the Regulations Regarding Boxes will be issued a Provisional Box-holder Warning. Members have until the next monthly meeting to correct these violations before Provisional Box-holder Warnings become Box-holder Warnings.
      6. Members with 3 Warnings – Box-holder or Membership – in one calendar year will lose Box-holder status. The box is released and offered to Members as described in Section 5.
      7. They may place their name on the Box Waitlist at this time.
      8. Box-holder Warnings expire at the end of the calendar year.
  10. Garden Events:
    1. Members should inform the garden Secretary of any events scheduled in the garden.
    2. A garden Member must be present during all events.
    3. The garden gate should remain open during all events – except after dusk.
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