2016 - Our corporate bylaws needed updating. The SCARE Board approved the following changes to our existing Bylaws (changes are shown in red). They were submitted to our membership for approval at the February 23, 2016 General Membership Meeting. There was a quorum and the changes were unanimously approved by those present. As of February 23, 2016, these are the approved SCARE Bylaws .
As of January 1, 2010, the Sonoma County Association of Retired Employees ("SCARE") was appoved by the State of California as a California nonprofit corporation. Our Articles of Incorporation have been certified by the California Secretary of State. However, we had to amend our Articles of Incorporation after they were filed as the IRS determined that we were more approprately coded as a 501(c)(5) nonprofit corporation, rather than as a 501(c)(4). The 501(c)(5) designation is for labor organizations. It includes labor unions but is much broader and includes retirees from one employer (the County). This designation would allow us to endorse candidates, but only if we set up a PAC (a Political Action Committee). Donations made to SCARE still do not qualify as deductible donations under the IRS rules.
Unfortunately California State law requires that 501(c)(5) organizations be mutual benefit corporations rather than public benefit, which is how we originally filed. The restated Articles correct this and show us as a mutual benefit corporation.
Our corporate Bylaws also had to be amended to reflect the change to the 501(c)(5) nonprofit and mutual benefit corporation status. There were a couple other technical changes that our attorney recommended to be more in line with the California Corporation Code.
These changes to the Articles of Incorporation and the Bylaws were approved by the SCARE Board of Directors and by a unanimous vote of our members in attendance at the May 25, 2010 General Membership Meeting. The restated Articles of Incorporation have since been approved by the State and SCARE is officially incorporated as a California mutual benefit corporation.