ADVISORY NEIGHBORHOOD COMMISSION 4B
BYLAWS AS AMENDED
ARTICLE
I. NAME
The name of this unincorporated elected body
shall be Advisory Neighborhood Commission 4B (ANC 4B) and from this point
forward in the Bylaws shall be called the Commission.
ARTICLE
II. OBJECTIVES AND RESPONSIBILITIES
Section l(a).
The Commission may advise all units of
Section l(b). The Commission may advise units of the DC
government regarding planning, streets, alcoholic beverages licenses,
recreation, social services, education, health, public safety, budget,
sanitation, and any other matters that affect the Commission area and the
quality of life in the District as a whole.
Section 1(c). The Commission may also advise other
governmental bodies, such as the federal government or independent agencies,
insofar as their actions affect the Commission area.
Section 2. The Commission may hold public hearings on
requested or proposed government actions.
The Commission may invite public witnesses from any executive or
independent entity to testify before the Commission. Within 45 days of the close of the public
hearing, the Commission may submit to the Council a report detailing the
Commission’s findings and recommendations to be included in any public record
of the proposed government action.
Section 3. The Commission
may initiate its own proposals for District Government action.
Section 4. On or before
November 30 of each year, the Commission shall file an annual report with the
Council of the
Section 6. The Commission
may, when appropriate, constitute the citizen advisory mechanism required by
any federal statute.
Section 7. The Commission may take any other action not
specifically forbidden by law, for the well-being of the Commission area and
its residents. Such activities shall not
duplicate existing DC Government programs.
ARTICLE III. GEOGRAPHIC
BOUNDARIES
ARTICLE IV. MEMBERS
Section 1. The structure of the Commission shall be the
collective body of individuals so certified by the Board of Elections and
Ethics to have been duly elected by qualified voters in an election held to
elect Single Member District representatives for the SMDs of Commission B, Ward
4.
Section 2. Each member of the Commission shall serve for
a term of two years, which shall begin at
Section 3. The members shall serve without
compensation. However, the Commission
shall be empowered to defray approved expenses for Commission members and
community aides.
Section 4. All members shall have equal voting rights
following the principle of one person, one vote. There shall be no
voting by proxy.
ARTICLE V. OFFICERS
Section l(a). The elected
officers of the Commission shall be Chairperson, Vice Chairperson, Secretary
and Treasurer and such other officers as may be deemed necessary by the
Commission. The Officers shall be
elected from the voting membership of the Commission.
Section l(b). Appointed
Officers - The Chairperson may appoint additional officers, who shall serve at
the pleasure of the Chairperson.
Section 3. The election process for officers shall take
place at the first meeting in January.
Section 4. A quorum for the election shall be one-half
of the commission membership plus one.
Section 5. Each candidate for office shall be nominated
from the floor.
1) A candidate may nominate himself or herself.
2) A nomination speech of two minutes may be made.
3) After nominations are closed, each candidate may make a two-minute
speech.
Section 6. When nominations are closed, a non-member of
the Commission, or such other person appointed by the outgoing Chairperson of
the Commission who has not been nominated, shall conduct the election. This person shall certify the returns.
Section 7. Voting on each office shall occur before the
floor is open for nominations for another office.
Section 8. The officers shall be elected to serve for
one year or until their successors are elected.
Their terms of office shall commence immediately upon their election.
Section 9. A simple majority shall be required for election
of officers. In the event there is not a
simple majority after the first ballot, there shall be an election between the
two candidates receiving the most votes. An officer must give up his/her office
upon the election of the newly elected officer.
Section 10(a). In case of vacancies among officers, the next
person in line in the order in which the positions are listed in Article V,
Section 1(a) shall temporarily fill the vacancy. In case of a vacancy of the office of
Treasurer, the Vice Chairperson shall temporarily fill the vacancy. At the next meeting of the Commission,
nominations and elections shall be conducted in accordance with the election
procedures set forth in these Bylaws to fill the vacant position(s). The officer elected to fill the vacant
position shall only serve out the term that he would have had had he been
elected at the normal time in January.
Section 10(b). Upon a motion by a Commissioner, after two
weeks prior notice to all Commissioners, a majority of the elected Commissioners
may remove an officer from office. The
Chairperson shall preside over the meeting unless the vote will affect the
Chairperson’s own position. In that
case, the Vice Chairperson shall preside over the meeting.
Section 11. The Commission is responsible for ANC
personnel employment activities (hiring, firing, personnel guidelines and other
personnel policy matters).
Section 12. The Chairperson shall serve as the convener
of the Commission and shall chair the Commission meetings. The Chairperson shall manage and supervise
office activities and personnel.
Section 13. The Chairperson may rule on procedural
questions from the Chair and such rulings may only be overturned by a majority
vote of the Commission.
Section 14. The Chairperson shall keep the Commission
informed as well as possible of all government activities affecting the area
within the Commission's boundaries.
Section 15. The Vice Chairperson shall provide such
assistance to the Chairperson as is requested and shall perform such duties as
may be delegated by the Chairperson, and shall serve as Chairperson in the
absence of the Chairperson. He/she shall
serve as the official spokesperson to the media as deemed necessary by the
Chairperson.
Section 16. The Secretary shall be responsible for the
written recording of the minutes for all meetings of the Commission and for
assuring distribution of copies of minutes to all members of the
Commission. The Secretary shall also be
responsible for ensuring that appropriate notice of Commission meetings is
provided in accordance with Article VI, Section 4. He/she shall have the assistance of the
Commission staff be required. He/she shall be responsible for maintaining
updated archives and records of all Commission reports with the assistance of
the administrative staff. He/she shall
be responsible for assisting the Chairperson in the preparation of the annual
report.
Section 17. The Commission’s books and records shall be
maintained at the Commission office. The files located in the ANC office shall
serve as a central repository of copies of Commission and Committee minutes.
Section 18. The Treasurer shall keep a record of all
receipts and expenditures of funds. The
record shall be consistent with the requirements of the District of Columbia
Auditors Office.
Section 19. The depository of all ANC 4B funds shall be a
recognized financial institution in the
Section 20.
Section 21. The Treasurer shall develop an annual fiscal
year budget for approval by majority vote of the Commission by March 30 of each
year. The Commission shall prepare an annual fiscal year spending plan budget
for the upcoming fiscal year within 60 days of notification of the amount of
the Commission’s annual allotment. Prior
to adoption of the budget at a public meeting, the Commission shall present the
budget at a public meeting to elicit comments from the residents of the
Commission area. The budget, to the
extent that it is deemed to authorize specific expenditures, shall be specific
enough so that its intent is clear.
Section 22. The Treasurer shall prepare, and the
Commission shall approve, a quarterly financial report within 45 days of the
close of each fiscal quarter. These
reports shall be public documents and shall be available for public
inspection. The quarterly report, signed
by the Treasurer, Chairperson, and Secretary, and a record of the vote adopting
the report, shall be filed with the District of Columbia Auditor within 15 days
of approval by the Commission.
Section 23. The Treasurer and the Chairperson shall file
with the District of Columbia Auditor and maintain in force during their
occupancy of their respective offices, a cash or surety bond in an amount and
on a form satisfactory to the Auditor. Participation by the Commission in the
Advisory Neighborhood Commission Security Fund shall satisfy the requirement of
a cash or surety bond. Within 30 days of
assuming the office of Treasurer or within 30 days of any change in the
requested information, the Treasurer shall file with the Auditor, on a form
provided by the Auditor, a statement giving:
1.
The Treasurer’s name
2.
The Treasurer’s home and business addresses
3.
The Treasurer’s telephone numbers
4.
The location of the books and records of the Commission
5.
The name and location of any depository, including account numbers.
Section 24. Every expenditure of funds by the Commission
shall be authorized by the Commission and recorded in the Commission's books of
accounts by the Treasurer. All expenditures
over $200.00, other than budgeted expenditures, must be authorized in advance
by the Commission. The Commission shall
make no expenditure with the office of Treasurer vacant or at any time when a
current and accurate statement and bond or its equivalent are not on file with
the District of Columbia Auditor.
Section 25. The Commission shall, by a resolution
approved by a majority of its members, designate one or more financial
institutions within the
Section 26. The Treasurer shall maintain the Commission
accounts on a fiscal year basis, beginning October 1 and ending September 30.
Section 27. The Chairperson, upon receipt of any
notification of proposed action by the District of Columbia Government and/or a
citizen and shall promptly forward such notification to the appropriate Single
Member District Commissioner.
Section 28. Any Single Member District Commissioner may
at any time submit a request for proposed action to the Chairperson. The Chairperson shall refer it to the
Commission or a Committee for a report of recommendations to the full
Commission, as appropriate.
Section 29. The Commission shall meet at a time and place
designated by the Chairperson to determine what action, if any, to take
regarding any such requests for proposed action.
ARTICLE VI. MEETINGS
Section 1. Pursuant to the provisions of section 742 (a)
of the District of Columbia Home Rule Act, all meetings of the Commission shall
be open to the public, except those parts of meetings where personnel or legal
matters are discussed.
Section 2. No official action may be taken by the
Commission unless a majority of the elected representatives of the Commission
are present and voting, not including Commissioners who have resigned, moved,
or vacant seats on the Commission.
Section 3. Regular meetings shall be held at regular
intervals, not less than nine times a year.
In January of each year, a schedule of tentative meeting dates and times
shall be circulated to residents of the Commission area.
Section 4. No less than seven days’ notice shall be
given by the Commission of its meetings or convocations (except where shorter
notice for good cause is necessary or in the case of an emergency). Notice must include at least two of the
following: (a) posting written notices in at least 2 conspicuous places in each
single-member district within the Commission area; (b) publication in a city or
community newspaper; (c) transmitting or distributing notice to a list of
residents and other stakeholders in the community; and (d) in any other manner
approved by the Commission.
Section 5. Special meetings of the Commission can be
called by the Chairperson or by written request of three Commissioners. The purpose of the meeting shall be stated in
the notice and no other topic may be discussed at that meeting, except by
unanimous consent at the beginning of the meeting. At least seven days notice will be given to
each Commissioner. Reasonable notice shall also be given to the community.
Section 6. Within 30 days of
receiving a notification from the District Government of proposed actions or
proposed final policy decisions or guidelines, the Commission may forward its
written recommendations with respect to the proposed actions to the Council of
the
Section 7. The Commission
shall set aside a portion of each public meeting to hear the views of residents
within the Commission area and other affected persons of problems or issues of
concern within the Commission area and on proposed District government actions
that affect the Commission area.
Community views shall be adequately considered in positions taken by the
Commission.
Section 8. Requests for
proposed action and complaints regarding delivery of District government
services from Commission area residents shall be addressed promptly and, as
appropriate, shall be referred to the proper Committee or the Commissioner
representing the single-member district affected by said action or complaint
for a report of recommendations to the full Commission. The Commission shall address the matter at
its following regular meeting and report its intended action to the resident.
Section 9. The Commission
shall establish such mechanisms as will ensure the broadest dissemination of
information with respect to meetings, positions and actions. The Commission shall make a good faith effort
to involve all segments of the Commission population in its deliberations
regardless of race, sex, age, voting status, religion, economic status, or
sexual orientation.
Section 10. Commission
actions, except for amending these Bylaws, shall be approved by a simple
majority of those Commission members present and voting.
Section 11. In the case of a tie vote, the motion for
Commission action shall fail.
Section 12. Any Commissioner may have an item placed on
the agenda of a regular meeting by notifying the Chairperson in advance of that
meeting.
Section 13. At least three days in advance of a meeting,
the chairperson will provide a tentative agenda to each Commissioner.
ARTICLE VII. JOINT MEETINGS
Section 1. The Commission may hold joint meetings with
other ANCs to deal more effectively with or respond to concerns and issues that
transcend and affect the areas of the Commissions.
Section l(a). Joint Commission meetings may be held only
after authorization by each involved Commission to participate in such joint
meetings and to discuss such matters as have been given to each participant
Commission in a meeting held prior to such joint meetings.
Section l(b). The Commission shall specify in a resolution
the scope of any individual Commissioner’s participation and the Commission
member attending the associated Commission shall follow the general direction
of the Commission.
Section l(c). All associated meetings of Joint Commissions
shall be open and at least 14 days notice shall be given by posting written
notices in at least two conspicuous places in each Single Member District of
the Commission.
ARTICLE VIII. COMMITTEES
Section 1. There shall be two categories of
committees.
1) Standing Committees - those created permanently with concurrence by
majority vote of the Commission.
2) Special Committees - those created temporarily by the
Commission.
Section 2. The Chairperson of a Standing Committee shall
be a Commissioner. Any resident of the
Commission area is eligible for appointment as the Chairperson of a Special
Committee. The Chairperson of each
Standing or Special Committee shall be appointed by the Commission by a
majority vote.
Such committees may include
resident and local business representation, as appropriate. The Commission may involve representatives of
other neighborhood groups in the work of its Standing or Special
Committees.
Section 3. The appointment of a Standing Committee
Chairperson shall precede the appointment of the Standing Committee
members.
Section 4. The Standing Committees shall elect other
such officers as are needed.
Section 5. The Commission shall determine the
composition, selection and duties of all Committees.
Section 6. Upon transformation of a Special Committee
into a Standing Committee, the Commission members serving on, and purpose of
the committee shall remain the same.
Section 7. The time and
regularity of Standing and Special Committee meetings shall be established by
the respective committees themselves.
Section 8. Every Standing
and Special Committee shall report on their activities and recommendations to
the full Commission at its next regular meeting. The views of the Standing and Special
Committees shall be promptly and adequately considered in positions taken by
the Commission
ARTICLE IX. PARLIAMENTARY
AUTHORITY
A recognized manual of
parliamentary procedure with "Roberts Rules of Order - Newly Revised
Edition" shall govern the Commission in all cases in which it is not
inconsistent with these Bylaws or any special rules of order the Commission may
adopt.
ARTICLE X. GRANT REQUESTS
Section 1. Procedures for considering requests for
assistance:
Section 1(a). A grant request must be made on grant forms,
which are approved by the Commission and which shall contain the following information:
i. A
description of the proposed project of which the grant is requested;
ii. A statement of expected public benefits; and
iii. The total cost of the proposed project, including other
sources of funding, if any.
Section 1(b). All grants are subject to the following
approval procedures:
i. The Commissioner representing the single-member district
which originated the grant shall endorse the request, if applicable;
ii. The applicant shall make a presentation to the Commission at
a regularly scheduled meeting and shall explain how the grant shall serve a
broad public purpose;
iii. The Commission shall approve or disapprove any request by a
majority vote; and
iv. The Commission may approve grants only to organizations that
are public in nature and benefit persons who reside or work within the
Commission area. The services provided
by the grantee organization must not be duplicative of any that are already
performed by the District government.
Section 1(c). Grants are dependent upon the availability of
funds.
Section 2. No payment shall be made without proper
documentation, as required by the Commission.
Section 3. Within 60 days following the issuance of a
grant, the grant recipient shall forward to the Commission a statement as to the
use of the funds consistent with the grant application, complete with receipts
which support the expenditures.
Section 4. The Commission shall provide a copy of the
Commission current grants policy and grant form to each applicant.
ARTICLE XI. MISCELLANY
Section 1. The Commission may not solicit or accept
funds from Federal or District Government agencies or private sources except as
may be specifically or previously authorized by resolution of the District of
Columbia City Council. However, contributions
of $400 or less from a single contributor are permitted.
Section 2. No Commissioner shall use his/her position to
obtain personal financial gain, any household, or any business with which
he/she is associated. Any effort to
realize financial gain is a violation of public trust; therefore, Commissioners
shall remove themselves from influence over any matter in which a current
or potential conflict of interest
exists.
Section 3. Any Commissioner may institute a legal action
in the courts of the
Section 4. The Commission shall have no authority to
incorporate; however, no Commissioner may be liable for action taken as an
elected representative from a Single Member District.
Section 5. All employees of the Commission shall be
hired by the Commission and shall serve at the pleasure of the Commission.
Section 6. The Commission shall establish job
descriptions for its employees. The
employees of the Commission may be hired on a full-time or a part-time
basis. Persons hired by the Commission
shall meet the qualifications established in the job description.
Section 7. All Commissioners within the Commission shall
have equal access to the Commission office and its records in order to carry
out Commission duties and responsibilities.
The office supplies are to be used only for Commission activities.
Section 8(a). All official notices of positions taken by
the Commission shall be made on Commission stationery, signed by the
chairperson, or if unavailable, another Commissioner designated by the
chairperson.
Section 8(b). Commissioners are entitled to submit
concurring or minority opinions, to be forwarded along with the majority
opinion.
ARTICLE XII. AMENDMENT OF BYLAWS
Section 1. The Commission shall file an up-to-date copy
of these Bylaws and any amendments thereto with the Council of the
Section 2. Revision of these Bylaws requires a
two-thirds vote of the Commission with at least two week's prior notice to each
Commissioner that these rules will be recommended for change. Such notification
shall include the suggested changes.
Section 3. These Bylaws shall be consistent with all
Federal and District law. Any
inconsistencies in these Bylaws with such laws are to be held null and void.
Section 4. These Bylaws shall be available to the
public.