CANDIDATES
The Election Committee Chairperson shall oversee the process of verifying Candidate eligibility with the Election Officials.
Requirements for serving as a Candidate include the following:
# Must be a Property Owner (member) and in Good Standing
# Must be nominated by completing the required Nomination Forms
provided in this Election Policy and Procedures Manual within the
Nomination Period.
CONTENTS OF PETITION PACKETS – FOR PROSPECTIVE CANDIDATES
A Petition Packet to be provided each prospective candidate which is to include all of the following:
1 - Candidates
2 - Contents of Petition Packets – For Prospective Candidates
3 - Introduction
4 - Information on Serving on the HROA Board of Directors
5 - Procedures for Determining Candidate Eligibility
6 - Nomination Form #1 – Petition Form
7 - Nomination Form #2 – Conflict of Interest and Confidentiality Policy Form
8 - Nomination Form #3 – Code of Fair Campaign Practices Form
9 - Procedures for Candidate Statements
10 - HERALD Questionnaire
11 - Resolution – Use of Signs
12 - Election Timeline
INTRODUCTION
It is important you follow all instructions carefully. Deadlines will be adhered to in all cases. If you have any questions regarding this Election material, please contact the Election Committee Chairperson or the Office for assistance.
In order to become a candidate, you must properly execute and submit both Nomination Form #1 – Petition Form and Nomination Form #2 – Conflict of Interest and Confidentiality Policy Form and submit them to the Office prior to the close of the Nomination Period. The close of the Nomination Period is indicated on the Election Timeline.
For Nomination Form #1 – Petition Form to be valid, it must contain AT LEAST five (5) valid signatures of property owner (members) in Good Standing, and contain your signature, lot/tract and date where indicated.
For Nomination Form #2 – Conflict of Interest and Confidentiality Policy Form to be valid, all sections must be completed, and it must contain your signature, lot/tract and date where indicated.
All candidates are also asked to voluntarily sign and abide by Nomination Form #3 -- Code of Fair Campaign Practices Form. Completing Nomination Form #3 is not mandatory.
All completed, verified Nomination Forms will be posted in a prominent place for viewing by any property owner (member) of the HROA.
All candidates are offered space for publication of Candidate Statements in two (2) separate publications: the HERALD Newsletter and the Election Package. Deadlines will be adhered to and no Candidate Statement will be printed that is not submitted by the Candidate Statement Cut-Off Date indicated on the Election Timeline. Providing Candidate Statements for publication is not mandatory.
Any candidate wishing to purchase the Election List for purposes related to the Election may do so through the Office by filling out a request form and paying the appropriate fee. The Election List is only available on pressure-sensitive labels and is for one-time use. Requests for purchasing labels from the Office shall be fulfilled with three (3) working days.
Any candidate wishing to distribute material door-to-door must do so in such a way so that the material does not blow away and become a littering problem. No material shall be placed in such a way as to cause damage to private property (such as scotch tape, thumb tacks, etc.). No campaign literature is to be placed on Association owned property (including bulletin boards).
Candidates wishing to place campaign signs of any kind on properties within Heritage Ranch may do so within the restrictions listed in the attached Resolution -- Use of Signs.
It is important you are available to answer any questions or resolve any issues after both the close of Nomination Period and Candidate Statement Cut-Off Dates. If you have followed all instructions in this Petition Packet, no one will contact you. If for some reason the Election Officials do need to contact you, and you cannot be notified within 72 hours of either the close of Nomination Period or Candidate Statement Cut-Off Date, the Election Officials do have the right to reject your submittal (which could include your ability to become a candidate in the Election or have your Candidate Statement(s) published).
The Procedures for Determining Candidate Eligibility and the Procedures for Receipt and Verification of Candidate Statements are included in this Petition Packet for your information and further understanding of the process.
It is the intent of HROA to follow the Election Codes of the County of San Luis Obispo and the State of California in regards to any dispute that may arise not covered in this Election Policy and Procedures Manual.
INFORMATION ON SERVING ON THE HROA BOARD OF DIRECTORS
To: Prospective Director Candidates
A candidate for election to the Board of Directors of the Heritage Ranch Owners Association (a California Non-profit Mutual Benefit Corporation) should be aware of the importance of meetings and legal responsibilities required of them while serving on the Board.
The business of the Association requires much of your time. Attendance at Board meetings is extremely important. Issues for Board action will require a certain amount of individual and collective research including reasonable inquiry as to the action which is before you.
It is a Director’s responsibility to ensure that every decision that is made is based on the rights and interests of the property owners of Heritage Ranch. Your fiduciary responsibility to the membership is always utmost in your decision-making process.
Corporations Code §§ 7230-7238 sets out the Standards of Conduct required of a director which includes the duties and liabilities of a Director. The law imposes three (3) basic duties on a Director:
First, they must act with the care that a reasonably prudent person in a similar position would use under similar circumstances. They must perform their duties in good faith and in a manner they reasonably believe to be in the best interest of the Association. Prior to making a decision, they must inform themselves of all material information reasonably available to them. This duty requires not only reasonable action with respect to matters under consideration, but also requires reasonable inquiry into and monitoring of Association affairs. A Director is required to preserve and protect the physical assets and operate the Association in a responsible and businesslike manner.
Second, a Director is required to refrain from acting for personal gain. A Director is prohibited from using their position of power to further their private interests. For example, a Director must not profit from Association transactions, use their position to gain a personal advantage or put personal friendship ahead of loyalty to the Association.
Third, a Director owes a duty to obey and enforce the governing documents and provisions of law. Since a Director may be held liable if they authorize actions which are beyond the powers conferred by law, it is essential that a Director become familiar with the general understanding of federal, state and local statues, rules and regulations governing the Association as well as the governing documents.
The following are types of meetings in which you will be involved:
C Membership Meetings: Our Restated Bylaws require only one scheduled meeting of the membership, the “Annual Meeting of the Members”. This meeting is held on the 3rd Saturday of August each year.
At other times Special Membership Meetings may be called by either a majority of the Board, the President, or 5% or more of the Members.
C Quarterly Board of Director Meetings: These are held on the Friday after the second Tuesday of January, April, July and October at 6:00 p.m. at the Recreation Barn.
C Special Meetings of the Board: These may be called for any purpose at any time by the President or any two Directors.
C Executive Sessions: The majority of the Board may adjourn at any time during a meeting to Executive Session to discuss litigation involving the Association, contracts with third parties, member discipline or personnel matters.
C Committee of Directors Meetings: Our Restated Bylaws require two (2) Committees of Directors, the “Architectural and Environmental Control Committee” and the “Finance Committee”. Currently we have three (3) additional Committees of Directors. They are the “Executive Committee”, the “Planning Committee” and the “Activities Committee”. Each Director (excluding the President) is required to Chair one Committee and Co-chair one other Committee. The Planning Committee is chaired by the President of the Board with alternating Co-Chairs of the other four (4) Directors.
C Violation Hearings (Monthly): These are held on the last Friday of each month at 8:00 a.m. in the Recreation Barn. Each month, three (3) Directors are scheduled to attend on a rotating basis.
C Annual Organizational Meeting of Directors: This is held following the “Annual Meeting of the Members” for the purpose of organization, election of officers and the transaction of other business.
C Workshop Sessions: These are open, informal meetings that do not allow for action to be taken. The purpose of these meetings is to provide for the exchange of ideas in a relaxed environment separate from any formal meetings.
Please feel free to come into the Office for assistance in reviewing these documents, or for any specific question you may need to have answered.
PROCEDURES FOR DETERMINING CANDIDATE ELIGIBILITY
1. During the Nomination Period, interested candidates are provided a Petition Packet through the Office.
2. There are three (3) Nomination Forms. Nomination Form #1 – Petition Form and Nomination Form #2 – Conflict of Interest Form must be properly executed and submitted to the Office on or before the close of the Nomination Period in order to be a candidate for Election. Nomination Form #3 – Code of Fair Campaign Practices Form is recommended but not a required form, therefore, there is no disqualification for a candidate who chooses not to execute and submit Nomination Form #3 – Code of Fair Campaign Practices Form.
3. The Office shall be responsible to receive all Nomination Forms up to the close of the Nomination Period. The Office shall stamp the date, time and Office person receiving the Candidate Statement on the back of each Nomination Form.
4. The Office is responsible to verify within 24 hours of the close of the Nomination Period the signatures on the submitted Nomination Form #1 – Petition Forms. In order for a signature to be counted as valid all of the following must occur: the property owner must be in good standing; the signature must be substantially similar to the signature on file; the signature must be identifiable; the signature must not be that of an individual residing in the same household as the candidate; and the signature must not be duplicated on the form for the same lot/tract.
5. The Office is responsible to provide all completed original Nomination Forms to the Election Committee Chairperson for review and verification by the Election Officials. The Office shall cross-through to eliminate any invalid or ineligible signature(s) on the original Nomination Form #1 – Petition Forms.
6. The Election Officials shall verify the Office’s work and initiate any rulings in regards to discrepencies, incomplete or rejected Nomination Forms:
If any Nomination Form #1 – Petition Form contains an inaccuracy due to an invalid signature, the prospective candidate is to be given 24 hours (after notification*) to obtain additional signatures to satisfy the minimum requirement to make the Petition Form valid. Except, that if the Petition Form is received incomplete, i.e., does not contain the minimum required number of five (5) signatures, or the candidate personally is not in good-standing or fails to provide a signature.
If any Nomination Form #2 – Conflict of Interest Form is not completed, or signed the prospective candidate is to be given 24 hours (after notification*) to properly complete the form, except, that if the Conflict of Interest Form is not submitted within the Nomination Period.
7. The Election Officials shall then finalize the Candidate List from the submitted Nomination Forms and provide a copy of the Candidate List to the Office along with all (original) submitted approved, rejected and incomplete Nomination Forms.
8. The Office shall post all approved Nomination Forms.
9. At the end of the Election, the Office shall retain all original Nomination Forms in an Election File.
*If a candidate cannot be notified within 72 hours of the close of the Nomination Period, their Petition Form shall be formally rejected.
NOMINATION FORM #1 – PETITION FORM
CANDIDATE FOR DIRECTOR OF THE HERITAGE RANCH OWNERS’ ASSOCIATION
We, the undersigned Property Owners (members) in good standing of the Heritage Ranch Owners’ Association (HROA), hereby petition to nominate as a candidate for election to the HROA Board of Directors in the Annual Election Meeting to be held on August XX, XXXX (Date 1).
Print Name of Petitioner Signature Lot/Tract Date
_____
_____
_____
_____
_____
_____
_____
I attest that I have solicited the above signatures in good faith and that I am a Property Owner (member) of HROA in good standing (Date 2).
___________________
Candidate Signature
Lot/Tract Date
I authorize my phone number to be provided to any property owner (member) requesting it G ( )
This Petition Form must contain signatures of at least five (5) property owners (members) in good standing and be returned to the Secretary at 3945 Heritage Road, Paso Robles, CA 93446 no later than 4:00 p.m. on Tuesday, July XX, XXXX (Date 2).
If this petition form contains an inaccuracy due to either an incorrect signature(s) of a petitioner, or that a petitioner(s) is not in good-standing, the candidate will be notified immediately, and be given 24 hours (after notification) to obtain additional signatures to satisfy the minimum requirement to make the petition form valid. Except, that if the petition form is received incomplete (does not contain the minimum required number of signatures) or the candidate themselves is not in good-standing or fails to provide a signature, the petition form will be rejected. The candidate will be notified immediately of this fact and no further remedy will be allowed. It is suggested that all candidates obtain more than the minimum five (5) petitioner signatures to help eliminate any potential problems.
*If a candidate cannot be notified that their petition form is inaccurate within 72 hours of the close of the Nomination Period, their Petition Form will be formally rejected.
Date 1 = Election Day
Date 2 = Close of Nomination Period
NOMINATION FORM #2 – CONFLICT OF INTEREST AND CONFIDENTIALITY POLICY FORM
I. Conflict of Interest
No Heritage Ranch Owners’ Association Board of Director, Officer, Committee Member or Employee Manager (“Association Official”) shall derive any financial profit or gain, directly or indirectly, by reason of his or her participation with the Heritage Ranch Owners’ Association (“HROA).
An Association Official who is a committee member or staff member of a client organization or vendor of the HROA shall identify his or her affiliation with such agency or agencies. In connection with any committee or board action specifically directed to that agency, he or she shall not participate in any decision affecting that agency.
An Association Official shall refrain from accessing Association records, including the obtaining of any Association members’ names and addresses, for personal or private use.
II. Confidentiality
Maintaining the confidentiality of Association Business, Records and Files is mandatory. It is the Association’s policy that the confidential business affairs of the Association not be discussed inside or outside the organization, except when required in the normal course of business. Association Officials during their tenure, or thereafter, may not divulge any confidential information including, but not limited to: membership information, executive minutes, correspondence, employee personnel information, or litigation.
The disclosure of Association records, documents, and files shall only be made in accordance with the Association’s governing documents and applicable law. When an Association Official leaves the Association, for whatever reason, they shall not take, nor allow a third party to take, Association property, original documents and confidential material. They shall also return all keys to the Association. Association Officials should recognize that the unauthorized taking of any confidential information of the Association may be a crime under applicable state statues.
III. Unethical Behavior
It is important when conducting Association Business to prevent the perception of unethical behavior by any Association Official. All Association Officials shall refrain from accepting gifts from an individual or business entity that exceed twenty five (25) dollars. If a gift exceeds this amount and is donated to the Association, the Board of Directors will determine if it is appropriate to accept the gift.
IV. Policy
It is the policy of the HROA that all Association Officials will complete and sign this Conflict of Interest and Confidentiality Policy Form. It is also the policy of the HROA that each candidate for the HROA Board of Directors sign this Conflict of Interest and Confidentiality Policy Form at the time he or she files their Candidate Petition. Candidates for a HROA Director’s position must sign and comply with this Policy before his or her name will appear on any ballot for the position of director. If an Association Official fails to file a full and complete disclosure statement he or she may be removed from his or her position by the Board of Directors.
Each Association Official shall disclose in writing any personal interest(s) which he or she has or may have in any HROA matter and shall agree to refrain from participating in any decision as to that matter.
Each Association Official shall be responsible to update this Conflict of Interest and Confidentiality Policy Form by filing an amendment to his or her statement within ten (10) days of a change of status.
The authority to oversee issues related to Conflict of Interest and Confidentiality for the HROA is the responsibility of the HROA Board of Directors.
I have read Sections I, II, III and IV of this Conflict of Interest and Confidentiality Policy Form and agree to abide by it.
Signature_______________________________________ Date_______________________
Printed Name____________________________________ Lot/Tract____________________
V. Complete each of the following:
List all matters involving the business of HROA (past, present or future) from which you could derive any personal financial gain: ___________________________________________________________________________________ ______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
List all companies that you have worked for, still work for, or have been or still are affiliated with that have done business with HROA: ______________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
List all companies of which you are currently an employee (including HROA), and businesses that you own: _____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
This is to certify that, except as stated in Section V above, I am not now nor at any time during the past year have been: (1) A participant, directly or indirectly, in any arrangement, agreement, investment, or other activity with any vendor, supplier, or other party, doing business with the HROA which has resulted or could result in personal benefit to me. (2) A recipient, directly or indirectly, of any salary payments or loans or gifts of any kind or any free service or discounts or other fees from or on behalf of any persons or organization engaged in any transaction with the HROA.
Signature: ______________________________________ Date________________
Printed Name:___________________________________ Lot/Tract_____________
NOMINATION FORM #3 – CODE OF FAIR CAMPAIGN PRACTICES FORM
As found in Chapter 5 of Division 20 of the California Elections Code
Chapter 5. Fair Campaign Practices, Article 1. General Intent
20400. Intent of legislature.
The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths of distortions.
Article 2. Definitions(1)
20420. Definition of “Code”.
As used in this chapter, “Code” means the Code of Fair Campaign Practices.
Article 3. Code of Fair Campaign Practices
20440. Subscription to code; form.
At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official, shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee. The text of the code shall read, as follows: (see reverse)
20441. Supply of forms.
The Secretary of State shall print, or cause to be printed, blank forms of the code. The Secretary of State shall supply the forms to the elections officials in quantities and at times requested by the elections officials.
20442. Retention of forms; public inspection.
The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election.
20443. Public record.
Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection.
20444. Voluntary.
In no event shall a candidate for public office be required to subscribe to or endorse the code.
(1) 304. “Campaign advertising or communication” means a communication authorized by a candidate or a candidate’s controller committee, as defined in section 82016 or the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support of oppose a ballot measure, as defined in Section 82047.5 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type general, public, political advertising.
(2) 305. “Candidate for public office” means an individual who has qualified to have his or her name listed on the ballot of any election, or who has qualified to have written votes on his or her behalf counted by election officials, for nomination for or election to, any state, regional, county, municipal, or district office which is filled at an election. The provisions of this chapter do not apply to candidates for federal office.