West 123rd Street Community Garden

West 123rd Street Community Garden Bylaws 

Approved by Greenthumb

Date Ratified: 10/23/2021

1. Name: The name of the garden is West 123rd Street Community Garden located on 114 west 123rd Street. Hereinafter referred to as “the garden”

   1. Mission:  The mission of the garden, founded in 1989, is to offer the community a space of peace and quiet and provide an opportunity for committed gardeners, through membership, to play an active, hands-on role in the creation and maintenance of the garden, allowing for member plantings and public open space, operating under the gardens regulations and directives from Greenthumb, the city agency that administers NYC community gardens. 

2. Membership: Any local resident can become an active member of the Community Garden through demonstrated eligibility. Local means any resident of NYC. 

   1. Eligibility

      1. The Garden does not discriminate on the basis of race, sex, gender, age, sexual orientation, physical ability, nationality, or religion.

      2. To apply for garden membership please contact either of the garden contacts. 

      3. In order to be eligible, members should demonstrate their commitment to the garden, volunteering an average of 1.5 hrs every week during the growing season (April-October) or on snowdays. These chores include weeding, watering, maintaining the compost, helping clean the garden and the sidewalk, babysitting open hours, organizing the shed, repairing and constructing boxes or the shed, leading or are you in assisting in garden classes, maintaining and harvesting the trees and the common plantings, beekeeping, clearing the sidewalk, administrative duties such as keeping books, creating a website, liaising with greenthumb and any other duties that may come up during the course of the year. These tasks are in addition to the planting, harvesting and maintenance of assigned boxes. There will be a signup sheet for open hours once that becomes mandated. Prospective members who demonstrate a willingness to work at least 6 hours in one month, become active members. Once active they are expected to fulfill their obligations as active members (2.1) and will be granted the rights of active members (2.2).   

      4. Annual membership dues for the calendar year are $20 per household or individual.  Membership dues must be paid in full (and not on a pro-rata basis) to the garden contact who will provide a receipt.  Inability to pay dues or volunteer for garden clean-up days should not prevent any member of the community from joining the garden. However, a member can contribute what the member can in kind or deed and demonstrate a commitment to the garden (see 2.1.4). Members have to have read the by-laws and agree to the rules with a signature. The bylaws will be kept in the garden shed.

   2. Rights of Members:

      1. Voting: Active members of the Community Garden have the right to vote in elections of Officers and amendments to the Bylaws. Each Member is entitled to one vote per issue brought forward during Garden meetings. An agenda will be circulated by the current volunteer leadership of the garden with adequate notice.

      2. Access to 123rd Street Community Garden: Active members of the Community Garden will be given the code to the combination lock of the Community Garden and a shed key if needed. All other visitors are welcome to visit the garden during the open hours.

      3. Garden Boxes: Members of the Community Garden are eligible to request an individual vegetable/flower box (which is half a physical box). Boxes will be allocated by the Garden contacts or the garden leadership annually in Spring (March-April-May) and then by wait-list if demand is greater than supply of planting boxes. By custom, former box holders have priority. Households can request multiple boxes depending on the number of active gardeners. 

      4. Garden Member Responsibilities:

      5. All members of the garden should volunteer time and effort to assist with the common tasks of the garden (see 2.1.3 ). This is also a requirement for maintaining active membership. 

      6. Holders of planting boxes in the Community Garden are required to:

         1. Maintain and keep planting boxes and the walkways immediately surrounding the box in good condition for the growing season. (“Good condition” is defined as weeded, not overgrown, and vegetables harvested in a timely manner.). When it is evident that the box is being neglected, other gardeners can step in to weed, water, trim and harvest produce.

         2. No later than the end of the year of each growing season, clear their individual bed of old plants and dispose of in compost bins. All members are expected to assist with ‘closing’ the garden by cleaning equipment, storing items and removing waste at the end of season (sometime in Oct-Nov) workday. If cold weather crops are grown in hot boxes, these need to be cleaned up before the following spring.

3. Decision-making process: All major decisions of the garden are carried out by communication and consensus and ultimately by majority voting, if consensus cannot be obtained in one or at the most two rounds. These consensus rounds will be done thru email, a non-response will be taken as assent to a proposal. If there are choices to be made, they should be clearly differentiated in the emailed proposal. Major decisions are those that affect the bylaws, 25 or more % of the common areas or the rules that we are expected to follow. The voting can be done remotely (via email), in person or on a trusted platform. Members of the Community Garden have the right to vote in elections of Committee members and amendments to the Bylaws. Each Member is entitled to one vote per issue brought forward during Garden meetings. An agenda will be circulated by the current volunteer leadership of the garden with adequate notice.

4. Garden leadership: Please remember that the members of the garden leadership are volunteers, this means that any suggestion or proposal has to be researched and presented properly. They would all rather “be gardening” instead of spending time on administrative duties. In practice this means committing to collective decisions, even if you do not agree with them personally. The garden should not become yet another source of strife.  

   1.  The business of the garden shall be managed by a committee (the “Committee”), elected by active members.  

   2. The Committee reserves the right to create new leadership positions within the Committee if necessary. Ratification, if necessary, is by the garden membership, either remotely or in person.

   3. Elections to the Committee shall be held every year, beginning in 2021, after the bylaws are ratified, with each active garden member having one vote for each elected office. A member who wishes to hold a Committee position must submit a nomination to the garden list. A regular cadence of elections thereafter will be held at the early spring/late winter meeting. The last act of the outgoing Committee will be to hold these elections to transition to the new Committee. As part of the transition, all books and records as well as signatory powers of bank accounts are to be passed to the incoming team. Elections to positions can be by general acclamation if the positions are not contested. This can happen over email or a remote platform and shall be recorded by the secretary or a delegate.

   4. If the election is contested, prospective committee members must receive a majority of the votes cast to be elected to a position.

   5. Vacancies in any seat shall be filled for the unexpired term by appointment by the Committee. 

   6. Positions and their respective responsibilities of each position are as follows:

      1. President: The President serves as the head of Committee. The President will:

         1. Preside over all formal meetings;

         2. Participate and lead in all garden matters;

         3. Participate in managing the garden’s finances and fundraising; and

         4. When necessary, sign or co-sign legal documents and checks on behalf of the garden.

      2. Vice President: The Vice President assists the President and other members of the Committee in all Garden activities and will assume leadership duties when the President is absent or unavailable. 

      3. Treasurer: The Treasurer is the financial warden of the organization. The Treasurer will:

         1. Manage the collection and distribution of funds for the Garden;

         2. Maintain accurate and transparent records of Garden financial matters;

         3. Provide a summary of the Garden financial status to Members before each meeting;

         4. Serve as signatory and co-signer on behalf of the Garden with the for Garden bank accounts, checks and legal documents;

         5. Work with the Committee as well as the members of the garden to pursue fundraising efforts.

      4. Secretary: The Secretary serves as the communications hub of the Garden. The Secretary will:

         1. Keep minutes of all meetings and maintain all records pertaining to the affairs of the Garden;

         2. Supervise and maintain the Garden’s digital media platforms including a future website;

         3. Relay any messages the Garden wishes to communicate to community organizations and ensure community announcements are similarly conveyed to the members of the Committee and General Membership;

         4. Conduct general correspondence of the organization;

         5. Ensure that advance notification of meetings is sent to the garden members;

         6. Ensure the bylaws are available and signed by new garden members

   7. Any Committee member may resign at any time by giving written notice to the President or Secretary. Committee members may be removed for excessive absence or non-participation. Vacancies will be filled promptly by nomination or a special election held along the same general lines as regular elections of officers.

   8. Meetings: General meetings will occur at least three times during the garden season (April to November). It is the job of the Committee to organize these meetings. The first at the beginning of the season in late March or early April, the second around mid-summer and the third at the end of the season. Additionally, the Committee can meet occasionally to review the overall soundness of the Garden, its missions and its financial stability. These meetings can be in person or remote.

5. Amendments to bylaws: These bylaws may be amended by the general membership and are subject to majority vote. Proposals to amend the bylaws must be communicated to the General Membership at least two weeks prior to the vote. Any member of the garden can propose an amendment.  A clear rationale as well as conformance to Greenthumb laws should be provided to amend the bylaws.
   
   
   

6. Conflict Resolution

7. Grievances & Conflicts: All grievances and conflicts should be settled between the parties if possible. These conflicts are to be brought to the Committee or if needed, to the general body for resolution. An amicable settlement of disputes is preferred. Please note that the garden is a communal space and there can be differences of opinion between members on the different courses available. 

8. Probation and Termination: Failure to consistently comply with garden rules and responsibilities is grounds for probation or revocation of membership. This can be decided by the Committee with a majority vote. The member whose rights are in question can also appeal to the general membership if they disagree with the Committee's findings. The members whose rights are revoked can still enter the garden during open hours.
   
   
   

9. Finances

10. The garden is not formed for profit or other financial gain. No members, directors, or officers of the garden can obtain garden assets, income, or profit unless permitted by  law.

11. The Treasurer shall be in charge of the safe keeping of the funds and shall provide a detailed financial statement to the general membership at least three times a year. When a bank account is created, one other member of the Committee, usually the president, shall have signatory rights.

12. Treasury: The Garden shall maintain a treasury for common area development and other collaborative improvement and maintenance projects. 

13. Before purchasing any item, please check the shed and ask around, we are well stocked, sometimes Greenthumb can help with a donation. It is best to communicate the proposed expenditure and the reason for it to the Treasurer and the Committee or take it to the general membership, before embarking on purchases. An estimate should be obtained from two sources if possible. Disbursement of funds will be decided on a case-by-case basis. Requests for garden-related purchases $100 or under may be approved by the Treasurer via email; amounts greater than $101 must be approved by the Committee members, this can be done via email. Itemized receipts must be presented to the Treasurer in advance of reimbursement.
    
    
    

14. 123rd Street Community Garden Rules: All garden members and visitors are required to abide by the following rules:

15. Animals: Dogs in the Community Garden must be leashed at all times. Not everyone is comfortable with an unleashed dog. The Community Garden is not a dog run; please walk your dog before entering the Garden.  If a dog is menacing or aggressive to anyone in the garden, or is seen doing damage to any plantings, the guardian of the dog shall be required to take the animal out of the garden. Service animals are welcome.

16. Alcohol: Public consumption of alcohol is prohibited in gardens by New York State law.

17. Drugs: Consumption, cultivation or sale of illegal drugs are not allowed in the garden.

18. Composting: The Community Garden has a public composting area. Gardeners are encouraged to compost kitchen scraps and a reasonable amount of yard waste materials. Please follow the guidelines posted in the composting area. The compost bins are not a dumping ground for animal waste, please avoid overwhelming the bins. 

19. Fires and Barbequing: See Gatherings and Events (8.6). 

20. Gatherings and Events: Community Garden Members as well as members of the community interested in using the Community Garden for community events must comply with the following procedures:

21. All events must be in service of the community and must not interfere with the Garden’s purpose and mission.

22. Events must not be inconsistent with the regulations dictated by the GreenThumb Community Garden permit. 

23. Open events announced on social media, where the number and the composition of the attendees are unknown, are not allowed.

24. For small informal gatherings (15 people or less), members must notify the garden contacts at least 48 hours in advance of the event.

25. All gatherings require an organizing member as a sponsor. An organizing member is an active garden member.

26. During gatherings, the organizing Member must always be present and will be held responsible for enforcing all Community Garden rules, as well as managing the clean up and performing garbage disposal immediately after the event.

27. For large community gatherings (over 15 people) other than garden meetings, members must notify the garden contact so that they can submit the event to the Garden Outreach Coordinator at GreenThumb. The event is not approved until you receive an explicit written approval from GreenThumb. Our current coordinator is Simone Herbin.

28. Smoking and Marijuana:  The cultivation, use, sale, processing or distribution of marijuana and tobacco is prohibited inside GreenThumb community gardens operating on property owned by the City of New York and under the jurisdiction of NYC Parks. For more details please consult the 2021 Greenthumb handbook.

29. Bees:  There are beehives in the garden. Bees should not be disturbed by anyone, except by trained beekeepers. Please do not bring visitors into the garden who are known to be allergic to bee stings, we do not have emergency interventions like epi-pens. 

30. Noise and Bright Lights: The garden is a zone of peace. Please be considerate of our neighbors and other gardeners. Any noise or bright light that interferes with the quiet enjoyment of the garden is prohibited. Lights that do not conform to “dark skies” are not allowed. 

31. 123rd Street Community Garden Open Hours:  During open hours all members of the public who obey garden rules are allowed to enter the garden. A garden member will be required to be physically present in the garden to welcome visitors and remind them of rules, if needed. Volunteering to open the garden can satisfy the requirement to contribute to the garden for new or continued membership ( see 2.1.3).  During normal (non-Covid) times, and during the growing season (April to October) the 123rd Street Community Garden is meant to be open to the public for a minimum of 20 hours per week, weather permitting, as required by GreenThumb. Of this, 10 hours are to be scheduled and posted with a minimum of 5 hours during the weekend. The remaining 10 hours can be scheduled on an ad-hoc basis, when garden members are comfortable opening the garden. Public open hours should end at dusk to avoid danger to guests and gardeners and discourage rule-breaking behavior. During the pandemic, these requirements have been temporarily suspended, however any gardener who feels comfortable, can open the garden.

These bylaws were approved and ratified by GreenThumb before 10-23-2021

List of Amendments: 

Added not-for-profit clarification in section 7. Email for objections sent out: 10-26-2021. No objections from Greenthumb, nor garden members.