By-laws Of The San Juan County Sheriff’s Posse

  1. TITLE

    The title of the organization shall be “The San Juan County Sheriff’s Posse”

  2. MISSION STATEMENT

    To serve as goodwill ambassadors promoting the San Juan County Sheriff’s Office, the equestrian community, the youth of San Juan County and its citizens.

  3. OBJECTIVE

    1. When called upon by the Sheriff of San Juan County, members are to assist in maintaining peace, order, and the law of our country; to promote good fellowship and the humane treatment, maintenance and improvement of horses; to uphold and defend the Constitution of the United States of America and of the Sheriff’s Posse; and in observance of civic functions, to bring closer in fellowship the individual members of the Sheriff’s Posse.
    2. The organization shall be non-political, non-sectarian and non-profit.

  4. ELIGIBILITY OF MEMBERS

    1. Any person who is 18 years of age or older, of reputable character and is a citizen of the United States.
    2. Each mounted member is required to own a horse, saddle, transportation and other proper regalia or have the same immediately available.
    3. All members are required to have full uniform within 30 days following approval of new membership status.
    4. Each prospective member shall be willing to abide by these By-laws.
    5. Each prospective member shall be able to pass a Federal background investigation and an oral interview conducted by the Executive Committee.

  5. APPLICATION FOR MEMBERSHIP

    Posse membership may only be obtained by written application for either new member or reinstatement.

  6. ACCEPTANCE OF APPLICANT

    1. Any member in good standing may submit an applicant’s application, background information release and payment for dues and badge deposit to the secretary of the Posse, who will in turn present the same to the Executive Committee for approval and interview. The applicant will be presented to the membership at the next regular meeting for approval or disapproval by secret ballot.
    2. Majority vote by the membership shall accept or reject the applicant. He/she may not again apply for membership until one year has expired from the date of rejection. In case of rejection, all dues and fees shall be returned to the applicant.
    3. Following approval of the applicant, the first 90 days are to be a probationary period. Applicant is required to adhere to attendance policy, but shall have no vote until after probation period. New members shall be required to purchase uniform within 30 days of membership approval. A badge is available for rent after the end of probationary period and remains the property of the Posse. It shall be returned to the Posse and the end of membership. If, at the end of probation period, applicant is not accepted as a new member, all fees shall be refunded.
    4. The Sheriff of San Juan County shall be a member of the Executive Committee, giving the Sheriff currently in office the opportunity to vote for approval or rejection of any applicant.

  7. MEMBERSHIP

    Membership in the Posse shall not be limited. Active members in good standing with voting rights, being comprised of no less than forty percent (40%) mounted members, including of Life members. There shall be four classes of members:

    1. Active – Member in good standing. (See section 26)
    2. Honorary – Honorary members may be proposed by any active member for services rendered to the community and elected by a majority of votes at any regular meeting. They will not be subject to the rules applying to attendance of regular meetings or other functions herein after set forth for active members. They will not have the privilege of voting nor receive special membership rates for Posse functions. Honorary members will not be required to pay dues, and may participate in any activity of the Posse. Honorary membership will be reviewed for renewal every 5 years from date of acceptance.
    3. Auxiliary members (Posse Pals) – Auxiliary members are volunteers who will be held to the same level of conduct and professionalism as a fully instated member. Said members will have provided at no cost, a blue volunteer t-shirt. All auxiliary members shall pass a background check and must be accepted by a majority vote by the general membership at any regular meeting.
    4. Life – Any member in good standing with 15 consecutive years of active service may be eligible for Lifetime membership. He/she must be approved by a majority vote of active members voting. Lifetime members shall pay no dues, but shall have voting rights if they have attended a minimum of 6 (six) meetings within the previous 12 months. Otherwise he/she will not be subject to attendance rules. Lifetime members shall be allowed to keep their badge.

    A CHARTER MEMBER IS ANY MEMBER WHO ACQUIRED
    MEMBERSHIP BEFORE MIDNIGHT ON JANUARY 1, 1955

  8. PUBLIC CONDUCT

    Fellow Posse members and the public are to be treated with dignity, respect, and courtesy. This is both a duty and a responsibility. Improper conduct in public while wearing the posse uniform and badge will subject the person(s) involved to a reprimand voted on by a majority of the Executive Council and mailed, emailed or hand delivered in writing to the offending member. Examples include but are not limited to public outbursts of anger, loud public confrontations, excessive profanity, and drunken behavior.

  9. DUES and FEES

    1. Membership dues shall be $50.00 per year, in advance, otherwise due on or before January 1st.
    2. Badge deposits, as required at time of receipt of badge.
    3. Any member refusing or failing to pay dues or assessments as fixed by the Posse when due, shall automatically be suspended from any and all of the rights and privileges accorded members in good standing, until such arrears have been paid in full. Any member in arrears shall be notified by registered mail at his/her last known address, and unless the paid in full in the month specified, will be expelled from the Posse. Reinstatement shall be governed by Section 4.
    4. The Executive Committee for reasons it may deem sufficient, may suspend all dues and fees provided for in these By-laws in whole or part in individual cases.

  10. EXPULSION OF MEMBERS

    Any member of this Posse who shall at any time cease to be a member of good standing, fail to attend four consecutive meetings or other important functions, (three consecutive meetings or other important functions for officers), violate any provisions of the By-laws of the Posse, show conduct prejudicial to the welfare of the Posse, or that which is not of the best interest of the Posse or any part thereof, may automatically and immediately be expelled from the Posse. Former member may apply for reinstatement after 1 year from date of expulsion.

    A member so accused shall be tried in accordance with the provisions prescribed by the Executive Committee in effect at the time the accusations are made. Any member so accused shall have the right to a hearing before the Executive Committee, or a trial by the Executive Council. The trial by Executive Council will be for the purposes of determining if the act constitutes one of the above offenses. Badges and Commission cards shall always remain the property of the Posse.

  11. OFFICERS & EXECUTIVE COMMITTEE MEMBERS

    ALL MEMBERS 21 YEARS OF AGE AND OLDER ARE ELIGIBLE FOR NOMINATION TO AN OFFICER POSITION OR EXECUTIVE COMMITTEE POSITION AND SHALL BE WILLING TO GIVE THE TIME AND EFFORT TO FULFILL THE DUTIES OF THEIR OFFICE.

    SPOUSES, DOMESTIC PARTNERS AND PERSONS DIRECTLY RELATED TO THE PRESIDING CAPTAIN, FIRST LIEUTENANT AND/OR SECRETARY AND NOMINEES FOR THE POSITIONS OF CAPTAIN, FIRST LIEUTENANT AND/OR SECRETARY ARE INELIGIBLE FOR NOMINATION AND/OR APPOINTMENT TO A CHECK SIGNING OFFICER’S POSITION

    1. Captain (President)
    2. First Lieutenant (First Vice-President)
    3. Secretary
    4. Treasurer
    5. Executive Committee
    6. Executive Council

  12. NOMINATION AND ELECTION

    Any member who has been in good standing for a period of one year (including the member’s probationary period) is eligible for nomination for election to any office.

  13. TERMS OF OFFICE

    All of the office specified above, with the exception of the Executive Committee, shall be elected for a term of one year from August 1st to the following July 31st. Vacancies in an elective office shall be filled by appointment made by the Executive Committee and such appointment shall be in effect until the next regular election of officers. The Executive Committee shall be elected for a period of two years on a staggered basis. The outgoing Captain shall automatically fill a two-year term on the Executive Committee.

  14. POWERS AND DUTIES OF OFFICERS

    The officers shall be charged with the general management of the Posse, supervision and direction of all plans affecting the Posse activities and welfare.

    CAPTAIN (PRESIDENT)

    1. Without prejudice to the above general powers, it is hereby expressly declared that the Captain (President) shall have the following specific powers and duties:
    2. Shall be the chief executive officer of the Posse, and shall have general supervision over the business and affairs of the Posse.
    3. To specify the date, time and place of all meetings and functions of the Posse and to call special meetings of the Posse whenever, in his/her judgment, it may be necessary or desirable. It shall be his/her duty to preside at all meetings of the Posse, including Executive Council meetings.
    4. Shall see that all orders and resolutions of the Posse are carried into effect, and that all officers and committees perform their duties as described by these By-laws, or by orders or resolutions of the Posse.
    5. Shall appoint any and all committees not specifically declared to be a Standing Committee by these By-laws, to affirm or confirm the appointment and to remove or suspend appointed officers, committees, agents.
    6. Shall be an ex-officio member of all appointed committees with voice and votes at all meetings of such committees.
    7. Shall, when authorized by the Posse, execute all mortgages, bonds, contracts, etc., requiring a seal and such instrument shall be attested by the Treasurer.
    8. Shall be authorized to sign checks for disbursement of funds from the Posse account. Each check shall require two of the three following signatures: Captain (President), First Lieutenant (First Vice President), or Secretary.
    9. Subject to the approval of the Posse, SHALL a.) arrange and authorize the purchase of real estate, property, supplies, etc., for such prices and on such terms and considerations; b.) create, make, and issue deeds of trust, trust agreements, and negotiable or transferrable instruments, secured by mortgages or otherwise, and to act as necessary to effectuate the same; c.) shall authorize payment for any property or right acquired by the Posse, either wholly or in part in money or in bonds, mortgages, and/or other securities of the Posse; c.) to sell, lease, or dispose of any Posse real estate, property, supplies, etc., at such prices and on such terms and conditions and for such considerations as he may deem proper, whenever it may be necessary or desirable for the Posse to dispose of such property. As noted in Section 18, to sell any real property, Captain/President must secure written consent of 90% of active members.
    10. To prescribe rules and regulations governing the use of Posse real estate, supplies, services, etc.
    11. Shall approve and countersign all orders for disbursement of any Posse funds, whether general or specific funds.
    12. With the approval of the Posse, to appoint any person or persons to accept and to hold in trust for the Posse any property belonging to the Posse, or which it is interested, or for any other purpose, and to execute and do all such duties and things as may be requisite in relation to any such trust.
    13. Shall be required to give bond in such an amount as the Executive Committee shall from time to time direct for the faithful performance of the duties of his office. The premium for such bond shall be paid from the Posse’s funds.
    14. To delegate by regulations, any of the duties, functions, or powers to any Posse officer or to any committee constituted for such specific purpose, but the Captain/President shall continue to be responsible to the Posse for the prompt, efficient, and property performance of all the duties, functions, and powers to delegate.
    15. Shall, at the expiration of the term of his office, make an annual report covering the activities, business, finances, etc., of the Posse during his term of office, and make such recommendations he/she believes to be in the best interest of the Posse during the ensuing year. A copy of this report shall be given to the newly elected Captain/President for presentation to the membership at the next regular meeting.
    16. Shall have a $300.00 discretionary fund for Posse related purchases without a vote from the body.

    FIRST LIEUTENANT (FIRST VICE-PRESIDENT)

    1. Shall be vested with all the powers, and be required to perform all the duties, of the Captain (President) in that officer’s absence or disability and shall be in charge of Grand Entry and Parade activities.
    2. The Chairman of the Grounds Committee shall report to the First Lieutenant (First Vice-President).
    3. Shall be authorized to sign checks for disbursement of funds from the Posse account. Each check shall require two of the three following signatures: Captain (President), First Lieutenant (First Vice President), or Secretary.

    SECOND LIEUTENANT (SECOND VICE-PRESIDENT)

    1. Shall be vested with all the powers, and be required to perform all the duties, of the First Lieutenant (First Vice-president) in that officer’s absence or disability.
    2. Shall act as Master of Ceremonies and to assist the Captain/President when called upon.

    SECRETARY

    1. The Secretary shall keep full minutes of all Posse meetings, including council meetings and any special meetings
    2. Shall attend all meetings, acting as clerk thereof, and record all votes and minutes in a bound book kept for that purpose and belonging to the Posse.
    3. Shall perform like duties for any Posse committee when called upon by the committee chairman.
    4. Shall keep the current records of the Posse in proper form at all times, including names and addresses of all members and applications for membership.
    5. Shall sign all orders for disbursement of Posse funds, whether of general or special nature, after the Captain(President) has approved such disbursements.
    6. Shall be authorized to sign checks for disbursement of funds from the Posse account. Each check shall require two of the three following signatures: Captain (President), First Lieutenant (First Vice President), or Secretary.
    7. Shall turn over to his/her successor in office, all books, records, papers and property of the Posse of whatever kind or description in his/her possession, taking receipt thereof.
    8. Shall be subject to the supervision of the Captain(President).

    TREASURER

    1. Shall keep full and accurate accounts of all receipts and disbursements in the manner prescribed by the Captain (President), in books provided by and belonging to, the Posse.
    2. Shall deposit all money and other valuables in the name of the Posse and to the credit of the Posse in such depositories as may be designated by the Captain/President.
    3. Shall disburse the funds of the Posse, both general and specific, only upon orders signed by the Captain/President, countersigned by the Secretary, and approved by the members. The invoices or details or statements of the transaction shall be attached to and made a part of the order authorizing its payment.
    4. Shall not have authorization to sign checks drawn on Posse funds. Each check shall require two of the three following signatures: Captain (President), First Lieutenant (First Vice President), or Secretary.
    5. Shall take proper receipt for all disbursements and shall give proper receipt for all money received.
    6. Shall make monthly report in detail of the finances of the Posse to the Executive Committee, and then shall be filed with the Secretary. At the expiration of his/her term of office, he/she shall render to the Posse an annual report of all transactions during his/her term of office.
    7. Shall be charged with the collection of all monies due the Posse, and the keeping of accurate records thereof, and shall notify those members and tenants that may be in arrears.
    8. Shall give the Posse such bond, in such amount as the Executive Committee may direct, for the faithful performance of the duties of his/her office and the restoration to the Posse in case of death, resignation, or removal from office or at the expiration of his/her term of office, all books, papers, vouchers, money, or other property of the Posse of whatever kind or description that may be in his/her possession. The premium of said bond to be paid from Posse funds.
    9. Shall be responsible for completing yearly income tax requirements and corporation reports as required.
    10. Shall be subject to the supervision and direction of the Executive Committee.

    EXECUTIVE COMMITTEE

    1. The Executive Committee shall be made up of four elected members in good standing. The current Sheriff of San Juan County shall be a member of this committee with voting rights, but will not be subject to paying dues or subject to attendance rules.
    2. Shall supervise the Treasurer.
    3. Shall serve as the Membership Committee and shall have charge of all matters pertaining to membership, including the procuring of new members. It shall be continuously in the search of new members, renewals, and the retention of present members. Its duty shall be to investigate all applications for membership and to report thereon, and to fill by appointment, any elective office or post that becomes vacant during the year.
    4. Shall serve as a Grievance Committee and will arbitrate conflicts between members. Hearings/rulings shall be made by the Executive Council.

    EXECUTIVE COUNCIL

    1. Shall be made up of all the elected officers and committee members listed above.
    2. The Executive Council shall hear and rule on member’s grievances on a case by case basis.
    3. Shall hold any court or take any disciplinary action directed by these By-laws and requested by the Captain(President) and/or Executive Committee. The Executive Council shall report all actions to the body of the Posse.

  15. STANDING COMMITTEES

    Grounds Committee

    1. Shall oversee the upkeep, maintenance and improvement of the Posse Grounds.
    2. The chairman shall report to the First Lieutenant (First Vice President).
    3. The Grounds Committee Chairman shall oversee the Barn Administrator and the Arena Manager.

    Finance Committee

    1. Shall include the Treasurer, the Captain (President) and 2 other members in good standing.
    2. Shall compile an annual budget for the ensuing year, which shall be presented to the membership at the last meeting (June) of such body in the current fiscal year for approval and upon its approval, to see that it is adhered to.
    3. Shall review this budget quarterly. If changes to this budget over $500.00 are found necessary, it must meet this committee’s approval and the majority vote of the Posse.

    Publicity Committee

    1. Shall have charge of and provide publicity of all kinds, including advertising in all of its various branches, for any and all Posse activities.

    Entertainment Committee

    1. The Entertainment Committee shall have charge and supervision over the entertainment features of the Posse, and shall provide entertainment and recreation at such times and places as may appear to the best interest of the Posse.

  16. MEETINGS OF THE POSSE

    Meetings of the Posse shall be held on the first Thursday of each month and/or at the call of the Captain(President). The Captain/President shall call a meeting of the Posse, or on the written request of three Posse members. Twenty percent (20%) of members in good standing shall constitute a quorum at any Posse meeting.

  17. NOTICE OF MEETINGS

    Notice of each meeting must be sent to all members in good standing at that time, whenever nomination or election of officers is to be made at that meeting. Whenever amendments to these By-laws are to be voted on at any meeting, written notice of such action must be included in the call of the meeting under first class postage, and mailed, emailed or hand delivered at least two weeks prior to such meeting.

  18. REAL ESTATE

    No Posse real estate can be leased, mortgaged or sold without the written consent of ninety percent (90%) of active members in good standing.

  19. DECLARING VACANCIES

    Failure of any officer of this Posse to attend three consecutive meetings or important functions, or the failure of any member of this Posse to attend four consecutive meetings or important Posse functions, without an adequate or satisfactory explanation, or failure to properly, promptly and efficiently perform his/her duties, shall constitute sufficient reason for his removal by the Executive Committee.

  20. DISCHARGING A COMMITTEE

    The Captain(President) may discharge any appointed committee, standing or special, which does not function properly, in whole or in part. The Captain(President) or chairman of the committee may discharge any member of any committee, standing or special, who does not perform the duties assigned by him/her, from the committee. Any discharged member of a committee shall receive written notice of such discharge under first class postage and mailed, emailed or hand delivered at least one week prior to the discharge.

  21. CHANGE OF ADDRESS

    Any member changing his/her place of residence or mailing address or phone number shall immediately notify the Secretary.

  22. LIMITATIONS OF LIABILITY

    This Posse shall not incur or cause to be incurred any liability or obligation whatsoever which shall subject any persons, members or officers of the Posse, corporations, partnerships, or organizations to liability.

  23. FISCAL YEAR

    The fiscal year of the Posse shall begin on the first day of August and end on the last day of July of each year.

  24. AMENDMENTS

    The By-laws may be amended only at a regular September meeting in any even numbered year, by a vote of two-thirds (66%) of the active members in good standing present and voting at such regular meeting, provided that the proposed amendments have been submitted to the Posse and that written notices have been given to all active members at least one week in advance of the date when such amendment is to be voted upon.

    Written notices to said members that at this meeting, a proposal to amend the By-laws is to be voted upon and that such notice shall be sent under first class mail, email or hand delivered.

  25. SEVERABILITY

    Should any part of these By-laws be deemed to be illegal or improper, the balance will remain in full force and effect.

  26. DEFINITIONS

    1. Member in good standing – Any active member who upholds every section of these bylaws, including attendance, eligibility and current status of all required fees.
    2. Important Posse function – Any function/event/fundraiser that the Posse votes to participate in.

A certified copy of these By-laws showing all amendments thereto shall be kept in the minute’s book of the Posse at all times and shall be available at all Posse meetings.

By adoption of these By-laws, all previous revisions are superseded.

Revised and Approved
September 1, 2018