{"id":32531,"date":"2023-01-22T20:14:27","date_gmt":"2023-01-23T04:14:27","guid":{"rendered":"https:\/\/opengardenday.com\/?page_id=32531"},"modified":"2024-05-16T07:32:24","modified_gmt":"2024-05-16T14:32:24","slug":"non-profit","status":"publish","type":"page","link":"https:\/\/opengardenday.com\/non-profit\/","title":{"rendered":"Non-Profit"},"content":{"rendered":"
Open Garden Day is a 501(c)(3) nonprofit community organization (EIN: 92-0433265) committed to providing environment education and giving back to the local community. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n Profits from our annual event are split between next year’s start-up costs and split between West Floral Park and Fisher Park Neighborhood Associations.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n BYLAWS OF OPEN GARDEN DAY<\/strong><\/p>\n A CALIFORNIA PUBLIC BENEFIT CORPORATION<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 1. Name<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n The name of this corporation is Open Garden Day.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 2. Membership<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n Open Garden Day shall have no members, as defined in Section 5056 of the California Nonprofit Public Benefit Corporation Law, as amended (the “Nonprofit Corporation Law”). Open Garden Day may from time to time use the term “members” to refer to persons associated with it, but such persons shall not be members within the meaning of Section 5056 of the Nonprofit Corporation Law. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3. Board of Directors<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.1 Powers<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n Subject to the provisions of the Nonprofit Corporation Law, Articles of Incorporation, and these Bylaws, Open Garden Day’s activities and affairs shall be conducted, and all corporate powers shall be exercised, by or under the direction of the Board of Directors (the “Board”). <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.2 Number of Directors<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n The number of authorized directors of Open Garden Day shall be not less than 5 nor more than 15, with the exact number of authorized directors to be fixed by resolution of the Board from time to time. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.3 Qualification of Directors<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n No more than forty-nine percent (49%) of the directors serving on the Board may be interested persons. An interested person, as defined in Section 5227 of the Nonprofit Corporation Law, includes: (a) any person currently being compensated by Open Garden Day for services rendered to it within the previous 12 months, whether as a full- or part-time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a director as director; or (b) any brother, sister, ancestor, descendant, spouse, brother-in- law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law of any such person. However, any violation of this Section 3.3 shall not affect the validity or enforceability of any transaction entered into by Open Garden Day. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.4 Election and Term of Office<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n The Board shall elect directors to serve for two-year terms. Election requires approval of the Board. A director may not serve for more than five (5) consecutive terms, unless otherwise determined by the Board. However, a director may be elected to the Board to serve for any number of additional terms so long as there is at least a one-year break following every set of five (5) consecutive terms. An in-office director shall hold office until a successor has been elected and duly qualified or until that director’s earlier resignation or removal in accordance with these Bylaws. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.5 Vacancies<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n A vacancy or vacancies on the Board shall exist in the event that the actual number of directors is less than the authorized number for any reason. In addition, the Board may declare by resolution a vacancy in the office of any director who has been declared of unsound mind by a final order of court, convicted of a felony, or found by final order or judgment of any court to have breached any duty under Article 3 of Chapter 2 of the Nonprofit Corporation Law.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.6 Resignation<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n Except as provided below, any director may resign at any time by giving written notice to the President or the Secretary (as each is defined in Section 6.1).<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n The resignation shall take effect upon receipt of notice or at any later time specified in the notice. Unless otherwise specified in the notice, the resignation need not be accepted to be effective. If a director’s resignation is effective at a later time, the Board may elect a successor to take office as of the date when the resignation becomes effective. Except on notice to the Attorney General of California, no director may resign if Open Garden Day would be left without a duly elected director or directors in charge of its affairs. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n 3.7 Removal<\/strong><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n A director may be removed from office at any time, with or without cause, by approval of a majority of directors then in office. No reduction in the authorized number of directors shall have the effect of removing any director before that director’s term of office expires unless the reduction also provides for the removal of that specified director in accordance with these Bylaws and the Nonprofit Corporation Law.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\nContributions are deductible under state and federal law to the extent applicable.<\/span><\/h6>\n<\/div>\n<\/div>\n<\/div>\n