ADVISORY NEIGHBORHOOD COMMISSION 4B
BYLAWS AS AMENDED
ARTICLE I.
NAME
ARTICLE II. OBJECTIVES AND RESPONSIBILITIES
ARTICLE III. GEOGRAPHIC BOUNDARIES
ARTICLE IV. MEMBERS
ARTICLE V. OFFICERS
ARTICLE VI. MEETINGS
ARTICLE VII. JOINT MEETINGS
ARTICLE VIII. COMMITTEES
ARTICLE IX. PARLIAMENTARY
AUTHORITY
ARTICLE X. GRANT
REQUESTS
ARTICLE XI. MISCELLANY
ARTICLE XII. AMENDMENT OF BYLAWS
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 District of Columbia government, including the Council,
the Mayor, executive and independent agencies, boards and commissions and the
judiciary, regarding matters affecting the Commission area. The Commission will represent the concerns of
its residents with respect to the delivery of services by the District government. In taking advisory actions, the Commission
shall take into account the views of its residents, while making decisions for
the good of the District of Columbia as a whole.
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 District of Columbia and the
Mayor for the preceding fiscal year. The
Chairman, with the assistance of the Secretary, shall be responsible for the
preparation of the report. Such report
shall include but not be limited to: 1) Summaries of important problems
perceived by the Commission, in order of their priority; 2) Recommendations for actions to be
taken by the District Government;
3) Recommendations for
improvements on the operation of the Commission; 4) Financial reports; and 5)
Summary of Commission activities.
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
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 noon on
the second day of January following the date that the Board of Elections and
Ethics certifies the election of each member.
Vacancies shall be filled in accordance with Section 8(d) of the
Advisory Neighborhood Council Act of 1975.
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.
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 District of
Columbia insured by the Federal Deposit Insurance Corporation (FDIC). The financial records of the Commission shall
be available for examination and review by the Commission and any other
government officials upon request. The
Treasurer shall report at each monthly meeting.
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 District of Columbia as depositories of
Commission funds, but the Commission shall establish no more than one checking
or negotiable order of withdrawal account.
The Treasurer, Chairperson, and Vice-Chairperson shall be authorized
signors on the account(s). Any 2 (two)
signatures will be required on checks, drafts, or orders of withdrawal.
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.
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.
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.
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.
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.
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.