The Board of Trustees of West Central Park has developed these Park Use Policies to set forth guidelines for the public use of West Central Park that are consistent with the Park’s mission as follows:
The West Central Park Project is dedicated to creating a public, open, green space that can serve the educational, economic, and creative needs of the community in which it sits. The space created by the neighborhood, for the neighborhood, to be a model for other neighborhoods to create similar spaces and thereby improve their economy and their quality of life.
These policies may be amended at any time by either the entire Board or the Executive Committee at the suggestion of any officer, volunteer or member of the community.
PUP-1 General Use Policies
The Park is open to all members of the community at all times. In order to keep this community space safe and welcoming for all, general use policies have been created and will be enforced. Any one who cannot abide by the following policies can and will be asked to leave Park premises.
No overnight camping, use of camping equipment, sleeping after dark or overnight parking of vehicles will be allowed.
1.2 Drug, Alcohol, and Tabacco Use
No consumption of alcohol, smoking of any kind, or use, intent to sell or possession of any illegal substance will be condoned or allowed at the Park at any time.
There is no parking allowed directly at the park. Parking will only be allowed in emergencies. However, vehicle loading and unloading areas will be available on site for special events and a wide gravel, walking path easement directly North and South through the Park from 4th Avenue to Harrison.
Except for the public kiosk, only signs generated by the Park to inform the public about policies and programming will be allowed to be displayed.
All pets must be on a leash or otherwise restrained when visiting the Park.
Pet owners bear the responsibility of cleaning up their pet’s droppings when
at the Park.
All visitors to the Park are expected to take responsibility for any garbage
or messes that they create, and dispose of any refuse pr
West Central Park adheres to its mission by providing a space for the local community to use for a wide range of events and gatherings. It is the Park’s goal to provide a neutral space so that the entire community can feel welcome, without giving preference to any cause, lifestyle, political persuasion, or religion. Events held at the Park can either be WCP sponsored, or third party. The Park will provide all tents, tables, porta-potties, and the set up of them, for any type of event that may require them.
2.1 Third Party Use
Third Party Use occurs when an entity other than West Central Park will be organizes or sponsors an event or use at the Park that includes but is not limited to selling products, gathering more than 25 people, requesting exclusive use of Park space, handing out leaflets, brochures or other informative hand outs, and fundraising or soliciting. Any such organizer or sponsor must read, and sign the Park’s Third Party Use Policy. WCP event managers or coordinators, appointed by the Board, must be present during any third party event. Any such manager or coordinator shall have the power to approve or disapprove of any use that does not meet Park criteria. The Park can not be held liable for any occurrence during third party events.
Any vendors, food or otherwise, must submit a completed event application packet prior to participating at any Park event. Food vendors must be able to provide proof that they have satisfied all applicable requirements at the county and state level before selling food at the Park.
2.3 Criteria for Use
The use of Park space is reserved for groups that meet the following criteria.
- Group is based and operated in Thurston County
- Group has 501c3 status with the IRS or performs it’s service free of charge
- Group’s practices, operations and organizational philosophy are consistent with the mission of West Central Park
- Groups that sign and abide by the West Central Park Event and Third Party Use Agreements
Exceptions or amendments to these criteria may be made only by the Board, or Executive Committee, or by specially appointed Event coordinators. Any group, organization, or person that wishes to obtain a Permit for use but does not comply with the above criteria must obtain approval from the Board of Trustees.
2.4 Use of Park Equipment and Resources
The Park’s event tents, tables and port a potties may be rented for use in locations other than the park, however requests will be reviewed and approved on a case by case basis by the Board of Trustees. Tents may be rented at a rate of $30, tables at a rate of $15 each, and porta-potties may be rented at a rate of $150 each. Park personnel must be present for the set-up, and teardown of tents, tables and porta-potties, wherever they
may be set-up.
PUP-3 Equality and Nondiscrimination
The Park board strictly adheres to policies that are consistent with equality and nondiscrimination in all areas of use and implementation. All visitors, event organizers, volunteers, officers, directors and staff are expected to exercise behavior and conduct that is consistent with these policies. Discrimination is defined by refusing to offer services, spaces, or opportunities to serve on the Board or volunteer crews on the basis of race, color, gender, national origin, religion, sexual orientation or political persuasion. Any associate, participant or representative of the Park who discriminates will be expelled and prohibited from future use.
PUP-4 Plant Donation Policy
The Park is welcome to plant donations however, due to size and design considerations, there is no way to take all kinds of donations. The Park has developed a plant registry with specific requests for certain types of plants that will be used for permaculture education,drought tolerant, native species and trees and shrubs that don’t block a clear view through the Park.
PUP-5 Committee Designation
Committees may be formed by the Board, the Executive Committee or the Executive Director to handle short and long term projects at the Park. Committees will be given discretion to make decisions apart from the Board, but are required to submit regular progress reports to the Board.
4.1 Landscape Committee
The Landscape committee will be designated by the Board and has the power to make decisions regarding alterations to the Park landscape, Park maintenance and volunteer work party planning. This committee will be
required to prepare and submit regular progress reports to the Board.
4.2 Events Committee
The Board will designate an Events Committee when applicable. The Events committee will have the power to review and select participants for events third party events. This committee will be required to prepare and submit regular progress reports to the Board.
4.3 Compost Committee
The Compost Committee will be designated by the Board and has the power to make decisions regarding the oversight of the compost program at the park in partnership with OlySunrise Compost Concierge. This includes operations, management, and public use of the Park’s compost bin system. This committee will be required to prepare and submit regular progress reports to the Board.
4.4 Grant Committee
The Grant Committee will be designated by the Board to research, write, and submit grant applications for fundraising purposes within the organization. This committee will be required to prepare and submit regular progress reports to the Board.
Plant Donation Policy
As established by PP-010 on July 25, 2013
[Daniel’s Letter, “PLANT DONATION POLICY”] shall be the source of policy and serve as the official form for all parties wishing to make a plant donation to the Park.
BOARD OFFICERS, COMMITTEES AND PRACTICES
As established by PP-019 on September 19, 2013, amended on December 4, 2013
All meetings of the Board of Trustees shall be chaired by the President of the Board of Trustees. In the absence of the President, the Vice President shall chair meetings. The Chair may pass the Chair to any member of the Board present. The President may resume the Chair at any time. The Chair shall be responsible for keeping meetings on task and for maintaining adherence to the agreed to procedures.
All meetings of the Board of Trustees shall proceed according to an agreed to agenda. All meetings must have an open comment and motion period during which members may propose motions, raise issues, or deliver reports. Proposed “Policies” must be proposed by a Trustee and seconded by another. All proposals that receive a motion and a second must be given a vote by the full Board. “Trustee Motions” must be proposed by a Trustee and must be affirmed, rejected, or presented for a vote of the Board by the chair. Any member may require that the chair’s affirmation or rejection of a motion be presented for a vote by the Board. Any member may raise a point of order should that member believe the proceedings are not in compliance with the parliamentary procedures, policies, or bylaws of the Board of Trustees. Such points of order must be resolved by the chair. Any member may require that the chair’s ruling be reviewed by the Board.
All meetings of the Board of Trustees shall be conducted under the principles of unanimous consent. In the event that unanimous consent cannot be reached, motions to proceed must be passed by a majority recorded vote. All changes to policies or to the bylaws must have a vote of yays and nays. Any member may request a recorded vote.
By unanimous consent, the rules may be suspended by a “Trustee Motion”. Suspension of rules established by Policy may be suspended for the duration of the meeting in which the suspension was approved and resume effect at the next meeting. Rules outlined in the Bylaws may be suspended for a period of time that must be outlined in the motion and not to exceed forty-five (45) days.
As established by PP-005 on July 11, 2013, amended on August 22, 2013
The Events Manager and Events Coordinator shall have the power to approve or disapprove Permits for Use of Park spaces for groups that meet Criteria for Use.
The Board of Trustees shall elect the Events Manager and Events Coordinator.
As established by PP-009 on July 11, 2013, Amended July 18, 2013
Plant, seed, soil, and landscaping accessory donations made to West Central Park; alterations to the landscape of West Central Park; and maintenance of West Central Park lands shall be managed by the Landscaping Committee.
The Board of Trustees shall elect the membership of the Landscaping Committee.
The Landscaping Committee shall be responsible for drafting landscaping and layout plans for the Park and submitting them to the Board of Trustees for formal approval.
Conflict of Interest Policy
Article I – Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s (Organization) interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a transaction generating excess benefit beyond prevailing market value. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Article II – Definitions
1. Interested Person
Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
a. An ownership or investment interest in any entity with which the Organization has a transaction or arrangement,
b. A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.
Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.
A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Article III – Procedures
1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
Article IV – Records of Proceedings
The minutes of the governing board and all committees with board delegated powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.
Article V – Compensation
a. A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
Article VI – Annual Statements
Each director, principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.
Article VII – Periodic Reviews
To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
a. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess benefit transaction.
Article VIII – Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring periodic reviews are conducted.
The following states have adopted legislation satisfying the requirements of section 508(e) relating to private foundation governing instruments. Information derived from Revenue Ruling 75-38, 1975-1 C.B. 161.
WASHINGTON — except for such private foundations which expressly provide in their governing instruments that the applicable sections of Washington law do not apply to them.