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For BBA March general  meeting we will be joining The other groups in Berryessa at the Berryessa Community Center for the District 4 Candidate Forum.

Date & Time: March 9, 2015 @ 7:00 pm 
Location: Berryessa Community Center; 3050 Berryessa Rd, 95132



 BERRYESSA BUSINESS ASSOCIATION

BY-LAWS Updated

 

Article I.    Mission Statement:

The Berryessa Business Association (BBA) is a not-for-profit organization dedicated to increasing profitability and/or visibility for its members, and advocating for a positive business environment within Berryessa.

 

­Article II.   Purpose:

Generate more business for members.

Increase the profitability and/or visibility of the member organizations.

Encourage residents, organizations, and businesses to shop Berryessa.

Advocate for a positive business environment within Berryessa.

Help Berryessa prosper by becoming more attractive.

Participate in Berryessa activities as member-citizens.

Facilitate the flow of information among the membership.

Facilitate communication between BBA and the Berryessa Community and the City of San Jose.

Attract new businesses which the community desires.

 

Article III.  Boundaries:

The boundaries shall be roughly: The San Jose/Milpitas border in the North, the San Jose City boundaries in the East, Mabury Road in the South, U.S.101 and I-880 in the West. 

 

Article IV.   Process:

                        All Association Meetings will be conducted in accordance with “Robert’s Rules of Order” as prescribed by the current edition accepted by a vote of the membership  at a regular meeting where there has been at least 10 days notice to the Board and General Membership.

 

Article V.    Quorum:

 

Section A.       For the Board: 40% of the members or a minimum of three.

 

Section B.       For the general membership: 25% of the members.

 

Section C.       Passage of a motion is by a simple majority of the eligible votes cast unless otherwise stated.

 

Article VI.   Board-of-Directors (Board):

 

Section A.    Description of the Board-of-Directors:

 

1.         President, Vice President, Secretary, Treasurer, up to 4 Member-at-Large, Past-President, and Community Representative.

 

2.         The Board must be members of the association and “in good standing” (See Article XII, Section D), exception:  Community Representative as described in Article VI Section B.

                        3.         All Board positions will be elected by the general membership, except Community             Representative. (See Article VI, Section B)

4.         A business may have only one position on the board and owners, executives or managers of multiple businesses may not have multiple representations on the board but have only one position on the board representing all of them.

 

5.         Advisors to the Board of Directors are individuals or organizations that are needed to advise the Board of Directors and/or the organization.

These Advisors will be appointed by the President and approved by the Board of Directors.

They will not are not required to be members of the organization and as such are not required to pay dues to hold this position.

Advisors to the Board do not have voting privileges on the Board

Advisors to the Board may lead projects, initiatives and subcommittees as needed to meet Board approved objectives for the organization.  

 

Section B.    Duties of the Board:

 

President:

  Controls the agenda for all meetings.

Presides at all Board meetings and General Membership meetings.

Is the liaison between the BBA, San Jose, the Berryessa Community and other entities.

Votes at board and general membership meetings only to break a tie.

Shall not use the title of BBA President in association with endorsement of candidates for political office.

 

Vice-President:

Assists all Board Members in their duties.

If the President should be unable to preside at a Board meeting and/or a General. Membership meeting, or to complete his/her term of office, the Vice-President will assume the duties of the President.

 

Secretary:

Responsible for taking minutes of both the Board meetings and General Membership meetings.

Responsible for the newsletter.

Maintains official BBA files.

Notifies all members of meetings.

Keeps attendance records of all meetings.

Maintains current mailing lists, both print and online.                                                                                                               

  Treasurer:

Responsible for the receipt and disbursement of all funds of the organization and assures 2 signatures for each check disbursed.

Keeps accurate records of all BBA financial business.

Presents a monthly written report of the profit/loss statement.

Maintains current membership lists (both print and online).

Has an independent audit of financials performed yearly.

Responsible for filing taxes, if required.

Sends out dues notices, if needed.

 

  Past-President:

Will be the most recent Past-President wanting the position.

Provides advice and works on special projects as requested by the President.

 

Community Representative:

Appointed by Board of Directors by a vote with confirmation by vote of the General

Membership.

Cannot hold another board position unless this person meets the qualifications for membership.

Exempt from dues if not qualified for membership (See Article XII, Section A)

Attends Board and General Membership meetings.

Provides advice on the community, organization and special projects.

 

  Members-at-Large:

Attends Board and General Membership meetings.

Assists all Board members with their duties.

Provides advice and works on special projects as requested by the President.

 

Consultant to the Board:

Is a non-voting member of the board brought onto the board for a specified need or project.

Must be approved by a vote of the board

 

Section C:    Authority of the Board:

 

1.         Raises issues for the General Membership and prepares the agenda for the organization.

2.         Makes decisions for the Association when there is a need for an immediate response, where bringing it to the General Membership is not practical. The Board may vote to act on behalf of the General Membership and report that action at the next scheduled general membership meeting.  (such decisions to be kept to an absolute minimum)

 

Section D.    Terms of Office:

 

1.         All Board positions will be for one year.

2.         No term limits for the Board except for the President; 4 consecutive terms. The President may return after one year out of office.

 

Section E.    Vacancy During Term:

 

1.         If a Board position is not filled at election time or becomes vacant during the year, the Board may vote to appoint a person to fill that position or serve the rest of the vacant board member’s term. This appointment is to be confirmed by a vote of the General Membership.

 

Article VII.  Board Member Removal from Office:

 

Section A.       Any Board member may be removed from office by a two-thirds vote of the General Membership at a regularly scheduled General Membership meeting with at least a one- week notice to the General Membership.

 

Article VIII.   Nominating Committee for Board Elections:

 

Section A.       In October the President will form a Nominating Committee from Board recommendations and appoint their Chairperson.

 

Section B.       This committee shall consist of the Chairperson and two others, at least one of which shall be from the General Membership and at least one from the Board.

 

Section C.       The board will by vote, confirm the Nominating Committee members.

 

Section D.       The Nominating Committee will select nominees from the General Membership.

 

Section E.       The Board must be selected from members “in good standing” at the time of their nomination. (See Article XII, Section D)

 

Article IX.   Nominating Process:

 

Section A.       The President shall conduct the nomination process at the November General Membership meeting.

 

Section B.       The Nominating Committee Chair will present the report for the slate of officers as recommended by the Nominating Committee.

 

Section C.       Additional nominations from the floor, (if any), will be taken by the President at this time only through the BBA Board Nomination Process.

 

Article X.    Board Elections:

 

Section A.       The President shall hold and preside over the general election for the officers of the Board at the December General Membership meeting.

 

Section B.       The Nominees for the Board will be voted upon by the General Membership at the    November General Membership meeting.

 

Section C.       Board will take office as of January 1st of the following year.

 

Section D.       Outgoing officers will provide a timely handover of issues, actions and information to the elected incoming officers for all information pertaining to their office and the organization.

 

Article XI.   Committees:

 

Section A.       Committees shall be advisory to the Board and report as specified by the Board.

 

Section B.       Committee members shall be confirmed by the Board through a simple majority vote.

 

Section C.       All Committee Chairpersons shall be appointed at will by the President.

 

Section D.       Two permanent advisory Standing Committees shall be formed:

 

1.         Membership Committee.

2.         Events Committee.

3.         Other committees may be formed by the Board as needed (Ad Hoc).

 

Article XII.  Membership:

 

Section A.       Membership is open to business owners, executives, and managers that have a physical business, office, or residence in Berryessa.

 

Section B.       Membership is provisional until approved by a vote of the board and confirmed by a vote of the general membership.

 

 

Section C.       Members must be in compliance with building and business code and standards as prescribed by the State of California, County of Santa Clara and City of San Jose including a current city of San Jose business license. Exception of this provision is granted for the Elected Officials and the Berryessa Union School District Membership as stated in Section H of this Article.

Affiliated members must be in compliance with building code and standards prescribed by the State of California, County of Santa Clara and the city/Town in Santa Clara County where they have their business. They must also have a valid business license in the city/town where their business is located.

 

Section D.       Members whose dues are paid for that year shall have voting rights, right to membership on committees and privileges as determined by the organization, but only one vote per business. Owners of multiple businesses have only one vote.

 

Section E.       New members, when they pay their dues, may vote only after 60 days or two general membership meetings, which ever comes first.

 

Section F.        Associate Membership is a membership that does not qualify as stated in Section A of this Article. This membership level will not have voting privileges and can not serve on the board as a voting member. To qualify the member must have a Business in San Jose but not in Berryessa or the business owner reside in Berryessa. The member must meet the criteria in this Article in Section C, D, and E. Dues for this level of membership will be at a reduced level determined by a recommendation of the Board through a vote and confirmation by vote of the General Membership.

 

Section G.       Affiliated Membership is a membership that does not qualify as stated in Section A of this Article. This membership level will not have voting privileges but may serve on the board. To qualify the member must have a business that serves businesses and/or residents of Berryessa. The member must meet the criteria in Section C, D and E. See the specific requirement in Section C for Affiliated Membership. Dues for this level will be at a reduced level determined by a recommendation of the Board through a vote and confirmation by the General Membership.

 

Section H.       Elected Officials and the Berryessa Union School District is a membership that does not qualify as stated in Section A of this Article.

1.         The elected officials membership level will not have voting privileges but may serve on the board. To qualify the member must be the city of San Jose Councilmember for District 4, County of Santa Clara Supervisor for District 3 or other elected official that has representation in the Berryessa Business Associations area as designated in Article III Boundaries. A representative may be sent in lieu of the member but they may only advise. Dues will be at the standard membership rate.

2.         The Superintendent of Berryessa Union School District will hold this membership. It will have voting privileges’ and may serve on the board. However the Superintendent must be present to vote. A representative may be sent in lieu of the member but they may only advise and not vote. Dues will be at the standard membership rate.

 

Section I.        The Membership Year is from January 1st to December 31st of the calendar year.

 

Section J.        Membership and Dues:

 

1.         Dues are to be paid annually after the initial establishment of dues.

2.         Individuals may exercise their rights of membership only when their dues are paid in full, otherwise known as “in good standing”.

3.         Membership is suspended if dues are not paid in full first initially and then each year by the annual renewal date. A 60 day grace period is in effect for Past members. Past members are reinstated immediately upon full payment of membership dues prior to the annual renewal date each year.  Past members who pay the membership dues after the grace period are considered new members and are not eligible to vote for 60 days, or two general membership meetings, whichever comes first, after the date of payment.

4.         The “initial establishment dues” will be set by the board and confirmed by a vote of the general membership.

 

Article XIII.  Dues:

 

Section A.       Dues will be determined by a recommendation of the Board through a vote and confirmation by vote of the General Membership.

 

Article XIV.  Meetings:

 

Section A.       General Membership meetings shall be held monthly; at least 10 times a year unless otherwise determined by a vote of the Board and a vote of the General Membership.

 

Section B.       Board meetings shall be held once a month; date, time, and location to be announced to the Board and General Membership.

           

Section C.       The Board may change the date, time or location of “Regularly Scheduled” meetings of the Board and General Membership with a vote. For General Membership meetings a confirmation vote is also required by the General Membership.

 

Section D.       The President may schedule or reschedule General Membership, Board and other meetings on an urgent basis as needed for the organizations business.

 

Article XV.   Procedure to Amend or Make an Addition to the Bylaws:

 

Section A.       Proposed Bylaws, amendments, additions or deletions must be presented in writing at a General Membership meeting and published on the association website, or distributed to members at least 30 days prior to a vote.

 

Section B.       Proposed Bylaws amendments or additions are voted on at a General Membership meeting.

 

Section C.       Passage of the proposed Bylaws, amendments or additions requires a two-thirds majority vote of the members “in good standing” that are present.

 

Article XVI.  Initiatives, Issues and Endorsements:

 

Section A.       The only discussion of initiatives or issues allowed in our meetings shall be relevant to our mission.

Section B.       The opportunity shall be provided for both sides to be represented before a position is taken.

 

Section C.       The BBA may take positions on issues that may directly impact Berryessa business and its businesses. However it is not the purpose of the BBA to endorse candidates running for political office.

 

Article XVII. Dissolution:

 

                        In case of dissolution, the net assets of the BBA shall be turned over to the Office of the San Jose Councilperson for District 4.

 

 

History of Revisions:

Adopted: October 20, 2011

Amended: February 16, 2012

Amended: Apr 19, 2012

Amended: November 12, 2014

 

 

     




 

Welcome to the BBA Website!

The Berryessa Business Association (BBA) is a not-for-profit organization dedicated to increasing profitability and/or visibility for its members, and to advocating for a positive business environment within Berryessa. Our purpose is to:

  • Generate more business for its members
  • Increase the profitability and/or visibility of the member organizations
  • Encourage residents, organizations, and businesses to shop Berryessa
  • Advocate for a positive business environment within Berryessa
  • Help Berryessa prosper by become more attractive
  • Participate in Berryessa activities as member-citizens
  • Facilitate the flow of information among the membership
  • Facilitate communication between BBA and the Berryessa community and the city of San Jose
  • Attract new businesses which the community desires

Current Projects

  • Shop Berryessa Marketing Plan
  • BBA Logo Design Project
  • Taste of Berryessa Event

Next Meeting

BOD & General meetings are once a month. The next meeting is scheduled for:

Thursday February 12, 2015
8:00 am BOD 
8:30 - 9:30 general meeting
Location:
Coldwell Banker
​2698 Berryessa Rd & Morrill Ave
San Jose, Ca. 95132​

 Some of the items we will be discussing;
 
* Set up 
​committees
​ for 
TOB
​ and Mixers​
* Discuss Berryessa Art and Wine Festival
​* Discuss other ideas on how we can grow BBA exposure  and membership.

By-Laws Notice

A copy of the By-laws (Rev 005 Proposal) has been posted and will be voted for approval in the May 17 General Meeting. You can also download the previous revision.

Ċ
Frank Cancilla BBA,
Aug 5, 2014, 10:24 AM
Ċ
Frank Cancilla BBA,
Nov 13, 2014, 12:56 PM
Ċ
Frank Cancilla BBA,
Aug 5, 2014, 10:21 AM
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