NAPILI COMMUNITY GARDEN

      Napili Community Garden Rules & Regulations and Bylaws

August 24, 2024

Rules & Regulations

1. The Napili Community Garden (“NCG” or “Garden”) will be open only from sunrise to sunset. The gate is to be kept locked after sunset and when no one is in the garden during the day.
2. Organic Management only. Members are not to use synthetic chemical fertilizers, pesticides or herbicides. Poisonous plants are forbidden. Invasive plants need to be contained so that they do not spread through underground runners or other such means.
3. Illegal drugs or illegal plants are not allowed in the Garden.
4. Low volume drip systems on timers for nighttime watering are highly recommended. Overhead watering systems are not allowed. Limit open hoses to 15 minutes, or 30 minutes with nozzle attachment. Fix or report broken pipes immediately.
5. Members are responsible for keeping two (2) foot borders and/or pathways around their plots clear of weeds and obstructions.
6. Members need to keep plots maintained and weeded on a regular basis.
7. Pressure treated wood is not allowed in the garden.
8. Fences cannot exceed four (4) feet. Trellises, supports or cages cannot exceed (6) feet and are not allowed to shade neighboring plots.
9. Members are to clear the plot and begin work within three weeks of the date they are assigned a plot. Membership Coordinator will follow up in three (3) weeks to ensure compliance.
10. Harvesting or removing anything from another garden plot without permission is stealing and will result in the permanent loss of membership. The suspected theft will be reported to the Garden Council for investigation and if necessary, ARTICLE III. Section V Termination of Member will be invoked.
11. Fires are not allowed in the Garden.
12. Every Member is responsible for signing and obtaining signatures from all adult household members and guests who will be present at the garden. All members and guests must have a signed liability waiver on file. Members can contact the Garden Council for additional waivers if needed.
13. All Members are to observe good conduct and civil behavior at all times. Members are responsible for their guests following the Rules & Regulations of the Garden and for their actions. This includes no disruptive behavior that will affect other members or residents in the neighborhood; no vulgar language; no fighting, raised voices or loud music; no defacing or destruction of property, buildings, fences or signs in the garden; and no threatening or harassment of Members, guests or Council Members. Such behavior may result in membership termination. The suspected behavior will be reported to the Garden Council for investigation and if necessary, ARTICLE III. Section V Termination of Member will be invoked.
14. No discrimination will be allowed based on race, religion, ethnic or national origin, gender, disability or economic status. Such practices may result in membership termination. The suspected person (s) will be reported to the Garden Council for investigation and if necessary, ARTICLE III. Section V Termination of Member will be invoked.
15. Dwarf fruit trees and papaya trees can be planted on 20 x 20 plots and super plots. A maximum of two papaya trees can be planted on 10 x 20 plots provided they are planted in the middle of the plot. Banana trees must be at least five feet from any water line.
16. Members are to arrange for someone to take care of their plot if they fall ill or are on vacation. If your absence will be extended, please notify the Garden Council in writing or by email.
17. If for some reason you are no longer able to care for your plot, and need to discontinue your membership, please notify the Garden Council as soon as possible. It is your responsibility to remove your personal belongings within 10 days. Items left behind will be disposed of at the Garden Council’s discretion.
18. Parking only in designated areas.
19. No smoking is allowed anywhere in the garden.
20. Animals are not allowed in the garden, except service animals.
21. There is no trash service to the Garden, so trash must be taken out with each Member.
22. Members are to notify the Garden Council of any changes in their address, telephone number or email. Any correspondence mailed to the current address or email address on file is considered delivered.

BYLAWS

ARTICLE I. NAME

The name of the organization shall be the Napili Community Garden, hereinafter referred to as NCG.

ARTICLE II. PURPOSE

Our mission is to cultivate a community rooted in sustainability by providing a place for cooperative organic membership.

ARTICLE III. MEMBERSHIP

Section I – Definition of Membership

1. A membership/member (“Member”) is one person, family or group who is assigned a plot and actively gardens within the Rules & Regulations of the Garden.
2. Anyone 18 years of age or older may register for a plot.
3. A Member must be current in NCG fees and work hours.
4. Membership shall be available to anyone that agrees to subscribe to the By-Laws of NCG, provided there are open plots.
5. Membership shall run from January 1 through December 31 of each year, but members may join at any time during the year when orientation is offered. Annual plot fees will be determined on a yearly basis by the Garden Council, and are to be paid by January 1 for continuing members. A thirty-day
grace period is granted for membership renewal; however, if fees and completed membership forms are not received by January 31, the member shall lose their membership and NCG privileges. Members joining later in the year will pay a prorated plot fee.
6. Members may only rent two plots of any size per year. All Members will work 2 hours of community service per plot each month.
7. New members will pay an initiation fee to be determined by Garden Council.

Section II – Selection of Members

1. Plots will be assigned by the Garden Council. Plot assignments can be changed upon request provided the desired plot is not occupied. Should a change in plots be requested, the Member must clear his/her present plot of all vegetation and debris before the change can take place.
2. Members cannot transfer, sublet or exchange plots with another person, including relatives.
3. Plots can be shared between two residences if desired by the “head of the plot” Member. This head-of the plot Member is responsible for coordinating payment of annual fees and community work hours for the entire plot.

Section III – Terms of Office

The Garden Council may serve for an unlimited number of 2-year terms.

Section IV – Voting Rights

1. Each plot shall be entitled to one vote in matters concerning revisions to the Bylaws, Rules & Regulations and elections.
2. Voting by proxy is not allowed.

Section V– Termination of Membership

1. When a Member is not in compliance with any of NCG’s Rules & Regulations, he/she will receive a Letter of Non-Compliance as a warning and the Member will be given three weeks to correct the situation. If the problem has not been corrected by the end of three weeks, a Notice of Non- Compliance and
Eviction will be sent and the Member will have one week to relinquish the plot back to NCG. Anything in the garden plot that has not been removed by that time will be subject to disposition by the Garden Council. In the event of confirmed theft, membership will be immediately terminated.
2. Issuance of three letters of Non-Compliance to any one Member in a 12-month period will result in termination of membership. Correction of the problem identified in a notice will not cancel the notice, and the notice will be counted.
3. Garden members who do not complete their required community hours or pay community hour fees by the end of each quarter will be issued a non-compliance letter and will be subject to losing their garden membership.
4. Membership in NCG may be terminated if false information is given.
5. Membership in NCG may be terminated if harvest from the garden is sold at an open market or through mass distribution. If a Member is or becomes employed in this industry, they are to notify the Garden Council as soon as possible to ensure that there are no misunderstandings between the Member, the Garden Council and Maui Land & Pineapple Company (ML&P).
6. Membership in NCG may be terminated due to discrimination of another Member based on race, religion, ethnic or national origin, gender, disability, or economic status.
7. Members may appeal the loss of membership to the Garden Council within 30 days of the date of termination. The appeal can be either in person or in writing. The Garden Council will discuss the issue at the next Board Meeting or at a Special Meeting called by the President. The terminated Member will
be invited to attend the meeting. The decision of the Garden Council is final.

Section VI – Fees

1. First time Members will pay a New Garden Member fee upon initiation as determined by Garden Council.
2. Annual plot fees will be determined by square footage on a yearly basis by the Garden Council. Members will be notified by November 1 of the renewal rate for the following year.
3. Plot fees are due and payable by January 1 of each year. There is a grace period of 30 days. Fees not paid by January 31 will result in termination of garden membership.
4. Community Service work hours (CSWH) will have a fee, as determined by Garden Council, for each unworked hour.
5. Payments by personal check should be made payable to Napili Community Garden or overseeing agency with “NCG” and plot number(s) written on the memo line.
6. Any return check fees imposed by the bank will be the responsibility of the Member, plus a charge, as determined by Garden Council for handling.

Section VII – Community Service

1. Being part of this garden means you are part of our community. As such, you have an obligation of two (2) hours of work per plot on a community project per month. Community projects may be chosen from a “project list”.
2. In order to receive credit, members must record CSWH in the log in the shed. Entry log must include date and completed work. The CSWH log book will remain in the shed.
3. As an exception, if a member is unable to fulfill their obligation for the month, they may pay a fee as determined by the Garden Council.
4. Members will be billed for unworked hours on a monthly basis. A Member who has accumulated more than six (6) unworked or unpaid CSWH hours will lose their garden membership and will be notified in writing. Any Member who is not current in their CSWH or fees will be notified by November 1 and will
not be able to renew their membership.
5. It is the responsibility of the “head of the plot” member to make sure that the required community service is completed for a shared plot.
6. The Garden Council will be exempt from monthly community service.

ARTICLE IV. OFFICERS

Section I – Definition of Officers

1. Officers perform the duties usually connected with such offices, as well as other duties as needed.
2. All Officers are elected to positions.
3. The time commitment of an Officer is one Council Meeting per month plus conducting other NCG business.

Section II – Election and Term of Office

1. The Garden Council shall consist of a minimum of five (5) and a maximum of eight (8) positions. These positions include: President, Vice President, Treasurer, Secretary, and up to four (4) additional positions as deemed necessary by the Garden Council.
2. The Garden Council shall perform the duties outlined in Section V and other duties as the Garden Council may specify.
3. Finalization of the Garden Council Members (GCM) shall be held annually at February’s Regular Meeting, with each plot having one vote for each elected office. The election process will be determined by the election committee at the previous December meeting. The election committee will be selected at the
November meeting.
4. A member who wishes to hold a Garden Council position or would like to nominate another member must submit a nomination to the NCG email address: napiligarden@gmail.com by January 31.
5. All persons nominated must be a member of the garden for a least three (3) months, starting at the orientation date, be a member in good standing, have their plot worked and weeded, and be current on
Community Service work hour obligations.
6. It is the duty of the Garden Council to ensure that the election takes place in a fair and open manner.
7. When only one qualified candidate is nominated, said individual shall be declared the winner and an election need not be held.
8. Notice of new or re-elected GCMs shall be made to members of NCG.
9. All Officers must win by a majority of 51% of the ballots cast by the membership. A runoff election will be held if needed.
10. The new Garden Council will conduct their first meeting in March with the old GCMs present as advisors. New and old GCMs will meet to exchange the appropriate paperwork, checkbooks, and other necessary information. In April, the new GCMs take full responsibility.
11. A GCM may serve for an unlimited number of two-year terms.
12. The positions of President, Secretary, Plot Manager and Education Coordinator shall be elected in even number years. The positions of Vice President, Treasurer, Membership Coordinator and Project Manager shall be elected in odd number years.
13. The Garden Council may establish and abolish standing Board positions and special committees with a majority vote.

Section III – Removal from Office

1. Any elected member holding office may be removed for due cause from office by an in-person two-thirds vote of the total Garden Council.
2. Any GCM who is absent without notification to the Garden Council for three (3) consecutive meetings will be replaced by the Garden Council.

Section IV – Officer Vacancy

Vacancies in any seat shall be filled for the unexpired term by appointment with a two-thirds vote of the Garden Council within thirty (30) days.

Section V – Duties of the Garden Council Board Members

The Garden Council shall perform the duties outlined here as well as any duties stated within the Bylaws.
1. President
a. Chair meetings and create an agenda.
b. Represent NCG in dealings with other organizations.
c. Coordinate activities of other Officers and committees.
2. Vice President
a. Act in the absence of the President.
b. Assist the President with projects.
3. Treasurer
a. Gather funds received from various activities and deposit to official NCG bank account.
b. Manage budget, reimbursements and pay bills from official NCG bank account.
c. Maintain financial records for NCG.
d. Prepare financial report for the Garden Council.
4. Secretary
a. Take minutes at all meetings, forward to President for review and public posting.
b. Coordinate with President and prepare correspondence or other documents as needed.
c. Monitor and respond to inquiries from website and gmail account.
d. Update and maintain the database and NCG documents in Google Docs.
5. Plot Manager
a. Monitor adherence to the Bylaws and Rules & Regulations of NCG and work with Members to maintain compliance.
b. Track Garden Members’ community work hours.
6. Project Manager
a. Oversee and coordinate community work hour projects for NCG members.
b. Oversee fundraising projects.
c. Oversee NCG Members’ activities such as pot lucks.
d. Obtain approval from the Garden Council for the purchase of NCG tools and/or parts and make replacements and/or repairs.
7. Education Coordinator
a. Coordinate educational events.
b. Coordinate classes for NCG members.
8. Membership Coordinator
a. Manage NCG orientation for new members.
b. Assign plots.
c. Coordinate membership payments & forms with Treasurer and Secretary.

ARTICLE V. MEETINGS

Section I – Council Meetings

1. Regular meetings shall be held monthly at a place and time determined by the Garden Council at the previous regular monthly meeting. It will also be posted and emailed at least 72 hours prior. Garden Council Members (GCM) are expected to attend.
2. GCMs will meet as needed to complete projects, or if an emergency arises concerning the Garden. Notice will be given to all NCG Members by email and posting in the garden.
3. Special meetings to accommodate guest speakers or otherwise benefit the organization may be called at any other time with at least three weeks prior notification to the membership by email and posting in the garden.
4. All Garden Council Meetings are open to all NCG Members.
5. Unless otherwise stated in the Bylaws, (ARTICLE III. Section IV-Voting Rights, and Article VI.) all motions are to be made and seconded by Garden Council Board Members with only Garden Council Board Members voting on the motions.
6. NCG Members may bring concerns or questions before the Garden Council in person or by contacting the President via email to be added to the agenda.

Section II – Council Workshops

1. Workshops are for specific topics or projects such as working on bylaws, budget, job descriptions etc.
2. No motions or voting will be made by the Garden Council until the next regular meeting.

Section III – Appeals

1. The Garden Council is the final arbiter of any disputes or violation of Garden Rules & Regulations.
2. Complaints or questions about NCG should be brought to the Garden Council either in person or in writing.

Section IV – Quorum

1. Official decisions shall require only a simple majority of the Garden Council present at any Council meeting, as long as a quorum of a majority of the Garden Council is present.

ARTICLE VI. AMENDMENTS

1. These Bylaws and the Rules & Regulations of the NCG may be amended at any general meeting as long as the changes do not conflict with the rules provided by Maui Land & Pineapple Company.
2. Amendments must be approved by two-thirds of the members present. Prior to the vote, notice of the changes, along with a written copy of the changes, shall be posted in a public place and online for review preceding the meeting at which the vote will be taken.

ARTICLE VII. STANDING RULES

1. All expenses shall be pre-approved by the Garden Council. Receipts shall be submitted for any reimbursement. Reimbursement will not be paid if receipt is over 60 days old.
2. An auditor appointed by the President shall audit the accounts of the NCG annually or whenever directed by a majority vote of the Garden Council.