As amended and accepted at the annual meeting March 2002
Article I - Name, Location and Purpose
Section 1.01 Name
The name of the corporation is Faerie Camp Destiny, Inc. ("the corporation").
Section 1.02 Registered office
The principal mailing address of the corporation is located at P.O. Box
531, Winooski, VT 05404, Chittenden County. Should the address of this
office change, the board of directors will specify through a bylaw amendment
the new registered office of the corporation.
Section 1.03 Purpose
This is a public benefit corporation.
The purpose of the corporation shall be:
To manage a Faerie sanctuary which would operate as a cultural learning
center and spiritual oasis for those who call themselves Radical Faeries.
To foster stewardship of the land of the corporation and to honor our
natural environment as we do our own sacred Faerie natures.
To provide a residence of a limited number of Faeries to operate as a
retreat center and occasional gathering site for the larger Faerie community.
To care for and nurture elder Faeries and those incapitated by illness
or grief.
To sponsor creative projects that reflect and support the Faeries and
Faerie culture.
To sponsor and assist in the creation of other sanctuaries.
And for the purposes of education and support of the belief that the earth
is alive and all of life is sacred and interconnected, and to produce
other related events as the opportunity arises to further the purposes
of the organization.
Radical Faerie culture
celebrates the miracle of queers discovering themselves and each other. For historical reasons,
most Radical Faeries are gay men. However, womyn and children
have organically become a part of Faerie culture and society and are therefore
welcome and included in the Faerie community. In light of this, Destiny is open to all who support
the goals of the organization, regardless of gender, sexual orientation,
race, religion, physical ability, economic status or ethnicity.
Section 1.04 Consensus
All decisions of the organization will be reached by the process of consensus,
defined as a process in which all voices are heard and considered and
no decision is finalized until everyone present consents to work with
the decision and feel morally able to allow it to go forward. Currently,
any decision must meet the criteria of the Bill of Responsibilities to
the Land.
Article II - Members
Section 2.01 No members
This corporation shall have no members. Any action which would require
approval of members, if the corporation had them, can be approved by the
Circle of Destiny through the process of consensus.
Article III - Board of Directors (Circle of Destiny)
Section 3.01 Definitions
Circle of Destiny = Board of Directors.
Planets = Committees
Coordinating Planet = Executive Committee
Section 3.02 Powers
The Circle of Destiny will exercise all of the corporation’s powers,
directly or through authorized agents. The board is subject to the law,
the articles of incorporation and these bylaws.
Section 3.03 Numbers
The Circle of Destiny shall consist of no less than 6 people.
Section 3.04 Manner of Selection
The participants in the Circle are self-selected individuals who support
the purposes of the corporation, have attended at least one gathering
or participated with an affiliated circle, and who consistently participate
in Circle of Destiny meetings. Members of the Coordinating Planet and
the Officers of the Corporation are selected in a ritual setting.
Section 3.05 Terms
There are no term limits.
Section 3.06 Vacancies
See section 4.06 below.
Section
3.07 Resignation
A participant may resign at any time by delivering a written or verbal
notice to the contact person for the planet on which they serve. No participant
may resign if the corporation will be left without any participants in
charge of its affairs, unless she/he gives notice to the Attorney General.
Section 3.08 Removal
The Circle of Destiny may remove a participant for abuse of the consensus
decision making process by consensus of the other participants, at a properly
called meeting in which the participant in question is present. Should
the participant wish, he or she may ask the Coordinating Planet to call
a second circle to reconsider the matter. Such a circle must be called
with 30 days notice. The removal is not in effect until that circle reaches
consensus.
The period of removal will be determined by the Circle. When that period
has ended, the participant who was removed may request that their return
to the circle be considered at an upcoming meeting. In such a case, the
circle must be properly called with 30 days notice and the participant
who was removed must be present.
A person who is disrupting a circle by word or deed so that it can’t
conduct business may be asked to leave that specific meeting.
Policies regarding the presence at Gatherings and Sanctuary of a participant
who has been removed will be addressed by the Gathering Planet.
Section 3.09 Planets
As needed, the Circle of Destiny will create Planets to accomplish the
necessary business of the corporation. At the least there will be a Coordinating
Planet, a Money Planet, a Gathering Planet, a Media Planet, a Land-Use
Planet, and a Tribal Memory Planet. Other Planets can be named or removed
by a consensus of the Circle of Destiny.
Section 3.10 Pay
Participants will not be paid for their services in the decision and administration
process. The corporation may reimburse participants for actual and necessary
expenses incurred in the performance of their duties so long as the Circle
of Destiny either approves a particular expense or by consensus adopts
a resolution providing for reimbursement.
From time to time, the corporation may choose to contract labor or services
from one of its participants, if said participant is duly qualified and
as long as all relevant procedures for contracting are followed, as outlined
in Section 5.03 below.
Section 3.11 "Interested" Participants
No matter what other provisions of these bylaws say, no more than 49%
of the persons serving on the Circle of Destiny may be interested persons.
An interested person is either:
a. A person the corporation is now paying for services rendered within the last twelve months, whether as an officer, other employee, independent contractor, or otherwise (excluding any reasonable expenses reimbursed to a participant as a participant); or
b. Any brother, sister, ancestor, descendent, spouse, brother-in-law, daughter-in law, mother in law, father-in-law, or significant other of a person the corporation is now paying.
Section 3.12 Place of Meetings
The Circle of Destiny may designate any meeting place it deems appropriate
for any regular or special meeting.
Section
3.13 Regular meetings
Regular meetings of the Circle of Destiny will take place as needed, usually
quarterly, unless otherwise determined. It is the responsibility of the
Coordinating Planet to arrange and facilitate these meetings. At each
meeting the Circle of Destiny will set the time, date and place for their
next meeting.
After each meeting, minutes of that meeting will be sent to the participants
in that circle for their comments. If after 30 days, no one has suggested
changes or expressed objections, the minutes are considered approved and
will be posted on the web site. If there are corrections or objections,
amended minutes will be resubmitted to those who participated in the circle
and if approved, the minutes will then be posted to the web site with
the necessary changes. Formal approval of the minutes will occur at the
next Circle meeting.
Section 3.14 Annual Meeting
The Circle of Destiny will hold an annual meeting within 30 days of the
Spring Equinox (March 21) to organize, and transact other business at
a location to be determined by the Coordinating Planet.
Section 3.15 Meeting Notices
Date and time of regular Circle of Destiny meetings are sent to all participants
at least one week prior to meeting. It is our practice whenever possible
to give at least a 30-day notice of meetings, as advertised in the Destiny
Star, the list serve, and by mailings. Minutes of the prior meetings will
be posted on the web, having been approved by those present at the meeting
which the minutes reflect. Minutes reflect the consensus decisions which
have the consent of the Circle of Destiny.
Minutes of a meeting are sent to particpants. If no objections are lodged
within two weeks, the minutes are considered approved (consented to) and
posted.
Section 3.16 Waiver of Notice and Consent to Meetings
Actions taken at any Circle of Destiny meeting, however called and wherever
held, are valid if:
a. A quorum is present; and
b. The participants and facilitator agree that the number present is sufficient and representative enough for consensus on the business at hand.
Section 3.17 Meetings by telephone or other Electronic Means
A meeting of a specific Planet may be held by conference telephone, list-serve
or other electronic means, as long as all participating participants can
hear or communicate with each other at all times. Meetings of the larger
Circle of Destiny, however, must be held face to face.
Section 3.18 Quorum
A quorum will generally be considered to be six (6) participants. Those
present need not be representative of any specific planets, but those
present must consider whether they are a large and a representative enough
circle to conduct the business at hand, or that they have the needed information
and expertise to consider any business at hand. If not, the business will
be tabled. If so, it is understood that those present at an officially
and properly called publicized meeting of the Circle of Destiny carry
the trust of the larger community. Decisions reached will be recorded
in the Red Book/Green Book. Except where these bylaws indicate otherwise,
the Circle of Destiny may not do any business at a meeting which lacks
a quorum. When the Circle of Destiny meeting starts with a quorum but
loses it after the meeting begins, the Circle of Destiny may continue
to do business.
Sell of Property or Dissolution of the Organization (see Section 10.02),
would require the consent of two consecutive meeting called for that purpose
with warning given 30 days before the second meeting.
Section 3.19 Voting by Proxy
In the consensus process, no voting takes place, therefore no proxy voting
is needed.
Section 3.20 Red Book/Green Book
The Circle of Destiny maintains its consensus decisions in a ledger book
which is called the Red Book / Green Book. Each times the Circle makes
a decision, it is recorded in the Red Book / Green Book and dated and
signed by those present. Each decision reflects the current feeling of
the community. Decisions can change and new decisions note these changes
and are added to the Red Book / Green book in chronological order leaving
previous decisions in the book for reference.
Article IV Officers
Section 4.01 Officers
The officers of this corporation shall be a president, a secretary and
a treasurer, selected at the July meeting in a ritual setting. (This is
updated from the Articles of Incorporation which specify a March election.)
Section 4.02 Coordinating Planet
The Coordinating Planet is a co-equal planet, comprised of participants
from the Circle. This Planet is charged with calling and facilitating
the meetings of the Circle, and with shepherding the process by which
Destiny comes to consensus. (More information on the specific duties of
this planet are found in the Red Book/Green Book) The titular heads of
the corporation, the President, Secretary, and Treasurer, shall be selected
from the participants of the Coordinating Planet. The Circle of Destiny
may delegate certain specific responsibilities to the coordinating planet
consistent with the law, these bylaws, and the articles of incorporation.
Section 4.03 Other officers
The Circle of Destiny may appoint by consensus other officers if and when
deemed appropriate. The Circle of Destiny will decide on the terms, authority
and duties of these officers.
Section
4.04 Qualification, Election and Terms
Any person who is part of the Circle of Destiny may be an officer of this
corporation. The Circle of Destiny will appoint its titular heads (named
officers) in a ritual setting from among the members of the Coordinating
Planet at its July meeting or whenever necessary. An officer appointed
to fill an unexpired term will serve only until the term expires. Officers
may succeed themselves.
Each planet may determine the means by which a participant may join. In
general, participants step forward at the Annual Meeting, but may join
a planet at any time by contacting the planet.
Those wishing to serve on the Coordinating Planet must either be present
at the July ritual at which the members step forward, or must let their
intention be know prior to the ritual.
Section 4.05 Removal and Resignations
A meeting of the Circle of Destiny may remove any officer by consensus
of the others present. Any officer may resign at any time by giving written
notice to the Coordinating Planet.
Section 4.06 Vacancies
When any office of the corporation becomes vacant, the Circle of Destiny
will appoint a replacement to fill the unexpired term. The Coordinating
Planet may temporarily fill a vacancy in an office (except that of the
secretary) until the Circle of Destiny fills the vacancy.
Section 4.07 Duties of the President
Subject to the control of the Circle of Destiny, the President has the
authority to sign official documents on behalf of the corporation, but
otherwise has no more or less authority than other participants.
Section 4.08 Duties of the Secretary
Subject to the control of the Circle of Destiny, the Secretary has the
authority to sign official documents on behalf of the corporations, but
otherwise has no more or less authority than other participants. The traditional
duties of the Secretary reside with the Tribal Memory Planet, which is
to keep complete records of the corporation, including (without limitation):
a. the articles of incorporation;
b. the bylaws;
c. the minutes of all meetings ;
d. all waivers, consents and approvals.
The Coordinating Planit shall see to it that all notices are properly
given.
Section 4.09 Duties of the Treasurer
Subject to the control of the Circle of Destiny, the Treasurer has the
authority to sign official documents on behalf of the corporations, but
otherwise has no more or less authority than other participants. The treasurer
will work with whoever is keeping the corporation’s books and ensure
that the organization maintains proper financial controls and procedures.
Article V Contracts, Loans, Checks and Deposits
Section 5.01 Deposit of Funds
All funds of the corporation not otherwise employed shall be deposited
in such banks or trust companies or with such bankers or other depositories
as the Circle of Destiny from time to time may determine.
Section
5.02 Checks, Drafts, or Orders
All checks, drafts, endorsements, notes and evidence of indebtedness of
the corporation shall be signed by the Bookkeeper of the organization
or
by any other member of the community whose authority to sign is
officially listed with the financial institution that holds our account.
The Money Planet will determine who is officially listed.
Section 5.03 Contracts and Obligations
Except as otherwise authorized by the Circle of Destiny one (1) or more
members of a Planet may sign contracts and obligations not to exceed
$400. The Circle of Destiny may delegate authority to sign contracts and
obligations exceeding $400 to the Coordinating Planet in conjunction
with the Money Planet provided that the Coordinating Planet report all
such contracts and obligations to the Circle of Destiny at the next
regular Circle of Destiny meeting. No person(s) shall obligate the
corporation beyond the limits in the approved budget without specific
authority of the Circle of Destiny.
Article VI Liability and Indemnification
Section 6.01 Participant Liability
Participants are not personally liable for the corporation’s debts,
or other obligations, except as otherwise provided by law.
Section 6.02 Indemnification of Participants, Officers, Employees Agents
The corporation may indemnify a Participant, officer, employee or other
agent of the corporation if:
a. indemnification is at that time, or subsequently, allowed under Vermont law; and
b. the procedures of all applicable provisions of Vermont law regarding indemnification are followed.Article VII Books and Records.
Section 7.01 Maintenance
Corporate records (including all minutes, books and records of account,
and organizational documents) will be kept at the corporation’s principal
office in Vermont, and with the Tribal Memory Archive. As much as is prudent,
corporate records will also be maintained publicly on our web site. Financial
records will be kept by the Bookkeeper of the organization, who is either
a participant serving on the Money Planet or someone contracted for services.
Financial records can made available to any individual or Planet for
review upon request with reasonable notice.
Article VIII Fiscal Year
Section 8.01 Fiscal Year
The fiscal year of the corporation shall end on December 31.Article IX
Funds and Donations.
Section 9.01 Funds and Donations
The corporation is hereby empowered to raise funds for its charitable
purposes. The corporation shall maintain records, books and other necessary
documentation in appropriate accounting form of all grants, donations,
bequests or other contributions to the corporation and shall report such
contributions to the Internal Revenue Service as said service may, from
time to time, require.
Section 9 .02 Government Intervention
No substantial part of the activities of the organization shall be carrying
on propaganda, or otherwise attempting to influence the legislation (except
as otherwise provided by IRC 501 (h)) or participating in, or intervening
in (including the publication or distributions of statements), any political
campaign on behalf of or in opposition to any candidate for pubic office.
Section 9.03 501 (C)3 Status
Said corporation is organized exclusively for charitable, educational,
religious or scientific purposes, within the meaning of section 501(c)(3)
of the Internal Revenue Code (or corresponding section of any future Federal
tax code).
No part of the net earnings of the corporation shall inure to the benefit
of, or be distributable to its members, trustees, directors, officers
or other private persons, except that the corporation shall be authorized
and empowered to pay reasonable compensation for services rendered to
and make payments and distributions in furtherance of section 501(c)(3)
purposes
Not withstanding any other provision of these articles, the corporation
shall not carry on any other activities not permitted to be carried on
(a) by a corporation exempt from Federal income tax under section 501(c)(3)
of the Internal Revenue Code (or corresponding section of any future Federal
tax code).
Article X Amendments and Dissolution
Section 10.01 Amendments
The Circle of Destiny may amend these bylaws by the consensus process.
Section 10.02 Dissolution
In the event of dissolution, all of the remaining assets and property
of the organization shall, after payment of necessary expenses thereof,
be distributed to such organization as shall qualify under Section 501
(c) 3 of the Internal Revenue Code of 1986, (i.e. charitable, educational,
religious or scientific) or corresponding provisions of any subsequent
Federal tax laws, or to the federal government or state or local government
for a public purpose, subject for the approval of a Justice of the Supreme
Court of the State of Vermont. It is the intent of this corporation to
distribute the assets of the corporation in a manner which, in the reasonable
judgment of the Circle of Destiny, shall promote the purposes and mission
of the corporation, as stated in the Articles of Incorporation and By-laws
of the corporation. [See 3:18 for Quorum requirements.]
Article XI Non-Discrimination Policy
Section 11.01 Non-Descrimination Policy
This
policy defines Faerie Camp Destiny position on discrimination. This policy
applies to all of Destiny’s contractors.
Faerie Camp Destiny follows an equal opportunity employment policy, and
employs personnel without regard to race, creed, color, religion, national
origin, sex, sexual orientation, age, physical or mental handicap, veteran
status, and marital status. This policy also applies the workings of the
Circle of Destiny, and to relationships with outside vendors and customers,
use of contractors and consultants, and in dealing with the general public.
