These by-laws of Community Board 6 Manhattan (By-Laws) shall conform to
all relevant provisions of the New York City Charter and the New York State Open
Meetings Law and Community Board 6 Manhattan (the Board) shall, accordingly,
conduct itself as a public body. Nothing herein shall be construed so as to
change, modify or amend the New York City Charter or New York State laws.
I. Community Board Membership
Membership shall be as provided in the New York City Charter. Each member shall have the obligations and privileges set forth herein.
A. All members shall serve on the Board in their capacity as private citizens only. Their actions shall not be instructed by, or responsible to, any other organization with which they may be affiliated. Any member participating in the Board's consideration of a matter who has a conflict of interest with respect to such matter, whether involving a member's residence, property, business, employment or otherwise, shall state the nature of the conflict in speaking to the issue and shall abstain from voting on such matter and shall be so recorded.
B. Any member appearing before a governmental body or private body or otherwise making a public statement which conflicts in any respect with positions adopted by the Board shall affirmatively state that he/she is not speaking on behalf of the Board when making such statement. Except for quoting the exact language of a Board resolution, no member shall publicly represent the Board's position unless designated to do so by the Board Chairperson or the Board.
C. Each member, at or before the first meeting attended by him or her, shall subscribe to the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of member of Manhattan Community Board 6, according to the best of my ability."
D. Members shall use no title other than “member of the Community Board” or “Community Board member” except in accordance with Section II B.
I. Board Officers
A. The officers of the Board shall be a Chairperson, two Vice Chairpersons, a Secretary, a Treasurer and such other officers as may be elected by the Board.
B. Any member who is elected to an official Board position, including but not limited to Chairperson, Vice Chairperson, Secretary, Treasurer or Chairperson of a committee or a subcommittee, shall be allowed to use such title when acting in such capacity.
C. Each Officer shall perform such duties as are incident to the office in accordance with generally accepted rules of parliamentary procedure and the following:
1. Duties of Chairperson
a. To serve as the chief officer of the Board, to administer its affairs and to preside at its meetings, and to perform such other duties as the Board may prescribe.
b. To perform all duties prescribed in the City Charter and any other applicable laws.
c. To receive calendars and notices of meetings of all city agencies required to refer matters to the Board pursuant to the City Charter and to inform the Board members of such calendars and notices.
d. To attend any meetings required by the Mayor and the Borough President pursuant to the City Charter, or to designate his/her representative or representatives to attend, and to attend all other meetings as may be required to transact the Board's business.
e. To decide all questions of order and to interpret and enforce Robert's Rules of Order as the parliamentary rules of the Board except as otherwise provided by the By-Laws or any resolution of the Board. The Chairperson may appoint a board member as Parliamentarian to advise on such matters.
f. To implement and represent all decisions of the Board, to authenticate all acts, orders and proceedings of the Board including the countersigning of all letters of whatever nature sent on behalf of the Board, and to be the sole spokesperson for the Board except as the Chairperson or the Board shall otherwise specifically authorize.
g. To organize and reorganize all Standing Committees and such special committees of the Board as may from time to time be deemed necessary and to serve as an ex-officio member of each such committee. The Chair must consult with the Executive Committee prior to any restructuring of the Standing Committees.
h. To appoint, suspend or remove Chairpersons of the Standing Committees and any special committees.
i. To appoint Board members to committees of the Board. In making appointments to the Standing Committees the Chairperson shall give consideration to the preferences of Board members, who shall be requested to express them in writing, and to the needs of each committee and the Board.
j. To appoint and reappoint, after giving consideration to the needs of each Standing Committee and after consultation with the Chairpersons of the affected Standing Committees, Public Members to the Standing Committees. Public Members shall be appointed for one-year terms. The number of Public Members on a committee may not exceed one-third of the total membership of such committee.
k. To prepare and deliver the Chairperson's report.
l. To keep the Vice-Chairpersons and the Executive Committee informed of all information, orders, directives and other matters coming to the Chairperson's attention.
m. To serve as a signatory on the Board’s impress account.
n. To supervise the District Manager.
2. Duties of Vice-Chairpersons
a. To preside, in the order elected by the Board, at the regular monthly meeting in the absence of the Chairperson.
b. To assist the Chairperson when necessary.
c. If the Chairperson is unable to serve as Chairperson at any time prior to the expiration of his or her term, to succeed, in the order elected by the Board, the Chairperson until the earlier of the following 31st day of October or the election of a successor Chairperson.
d. On the Secretary’s absence, to perform, in the order elected by the Board, the duties of the Secretary.
3. Duties of Secretary
a. To be the recording officer of the Board, taking minutes of the regular monthly and/or special meetings, assisted in the compilation of such minutes by the District Manager and such clerical assistance as shall be provided by the Board staff. The final version of the minutes as approved by the Secretary and Chairperson shall be furnished to all Board Members at the following full Board meeting.
b. To keep and maintain all information, orders, directives, minutes, communications and other matters coming to the attention of the Board.
c. To announce the roll at full Board and register attendance, as well as announce and record roll call votes when required.
4. Duties of Treasurer
a. To administer all of the financial affairs of the Board under the supervision of the Chairperson and as prescribed by the Board.
b. To prepare an annual Board budget and such periodic modifications as may be necessary for the approval of the Board.
c. With the assistance of the District Manager, to prepare and report monthly to the Board on the Board's financial condition.
d. To participate in any financial audit of the Board.
III. Election of Officers
A. At the Board's regular meeting in the month of June, the Chairperson shall appoint a Nominating Committee consisting of five (5) or seven (7) members and shall designate one of their numbers to be the Chairperson of the committee. The Nominating Committee shall meet as often as necessary thereafter in order to report to the Board at its September meeting suggestions for candidates for each of the offices of the Board.
1. No potential candidate shall serve on the Nominating Committee and no Nominating Committee member shall be eligible for nomination from the floor.
2. All eligible members of the Board who desire to become candidates for the offices described in Section II (A) may contact the Chairperson of the Nominating Committee within two (2) weeks of the announcement of the Nominating Committee.
3. The Nominating Committee shall contact potential candidates for Board office and obtain personal assurances from such candidates that, if elected, they will assume the role and responsibilities of such position.
B. The Nominating Committee shall make its final report to the Board at the September meeting of the Board and shall, within its report, suggest one or more candidate/s for each position. At the September meeting, members of the Board may offer additional nominees from the floor, including themselves. All nominees from the floor must either provide written confirmation or be present in person at the September meeting to confirm their acceptance of the nomination. The final report of the Nominating Committee shall be sent to Board members with the notice for the September meeting. All nominees suggested by the Nominating Committee as well as nominees offered from the floor for Board offices shall be made known to each member of the Board in the written notice of the election of officers at the October meeting.
C. At the October meeting of the Board, there shall be a separate election held for each of the offices of Chairperson, two Vice Chairpersons, Secretary, Treasurer and such other offices as may be determined by the Board. Each candidate for office shall be given up to ten (10) minutes to address the Board. At the October meeting of the Board, members of the Board may offer additional nominees from the floor, including themselves.
D. Voting for each office shall be by written ballot. The votes of a majority of the members present and entitled to vote during the presence of a quorum shall be required for election. If no candidate receives a majority after the ballot for an office, another ballot shall be taken that excludes the candidate who received the fewest votes (or the candidates who received the fewest votes, in the event of a tie for the fewest) in the previous ballot. Said process shall continue until a candidate receives a majority.
E. Vacancies during the term of office of an Officer shall be filled in the following manner. During the meeting at which the vacancy is announced, the Chairperson shall accept nominations from the floor for the vacant office. Promptly upon the closing of the nominations, a separate election shall be held for each vacant office in accordance with the procedures set forth in paragraph II (D) above.
IV. Terms of Office
A. Each officer of the Board shall serve a one-year term beginning the November 1 following his or her election and ending on October 31 of the following year.
B. No Board Chairperson shall serve as such for more than three (3) consecutive one-year terms. This provision shall take effect upon adoption of these bylaw amendments, so that the current Board Chairperson shall be eligible to serve a third one-year term.
C. A Standing Committee Chairperson shall serve only during the term or terms of the Board Chairperson appointing or reappointing him/her. A Standing Committee Chairperson may be reappointed by a Board Chairperson provided that no Standing Committee Chairperson shall serve as such for more than five (5) consecutive one-year terms. Any person who has served as Chairperson of a Standing Committee for five (5) consecutive one-year terms shall again be eligible to serve as Chairperson of such committee only after one year of non-service. This provision shall take effect as of the term commencing on November 1, 2008, so that years served prior thereto by any current Standing Committee Chairperson shall not be counted towards the five (5) consecutive terms.
D. No member of the Nominating Committee shall serve as such for more than two consecutive years.
V. Executive Committee
The Board shall have an Executive Committee comprised of the Chairperson, Vice-
Chairpersons, Secretary, Treasurer, any other elected officers and all Standing Committee Chairpersons. The Executive Committee shall coordinate and facilitate the work of the Board and its committees and advise the Chairperson and the Board on issues.
VI. Board Meetings and Attendance Requirements
A. Regular Monthly Meetings. There shall be at least one regular monthly meeting of the Board each month, at such time and place as shall be designated by the Chairperson in the notice of the meeting sent to the Board members no less than seven (7) days prior to the meeting.
1. A majority of the appointed members of the Community Board shall constitute a quorum of such Board at all meetings.
2. Whenever any act is authorized to be done or any determination or decision is made by the Community Board, the act, determination or decision of the majority of the members present entitled to vote during the presence of a quorum, shall be held to be the act, determination or decision of the Board at all meetings.
B. Special and Emergency Meetings
1. A special meeting shall be a meeting other than the regular monthly meeting and shall be called by the Chairperson or if the Chairperson shall fail to do so by a Vice Chairperson:
a. Of the Chairperson's own volition.
b. Upon resolution adopted by the Board, by majority vote
c. Upon written request of no less than 1/3 of the Board's members.
2. Written notice of a special meeting shall be sent five (5) days in advance, with a specification of the purpose of the meeting and delineation of the agenda of such meeting.
3. An emergency meeting shall be a meeting in the manner of a special meeting but in circumstances where time is of the essence and decisions are required immediately. Where the five (5) days' notice cannot be given, notice for an emergency meeting shall be made by telephone or other rapid means of communication such as e-mail or fax sent no less than least thirty-six (36) hours prior to the meeting.
4. Except with respect to the notice requirements set forth in Sections VI (B) (2) and VI (B) (3) above, special and emergency meetings shall be governed by the same procedures as a regular Board meeting.
C. Attendance and Excused Absences
1. A Board member shall be properly excused for the following reasons:
a. Military service.
b. Jury duty.
c. Severe personal illness.
d. Severe illness or death in the immediate family.
e. Attending to Board business at the request of the Chairperson.
2. A Board member shall not be deemed present at a meeting for purposes of satisfying attendance unless such member is present for both roll calls taken at such meeting.
3. Notwithstanding the provisions of Section VI(C)(1) above, if for any reason a regular monthly meeting of the Board is rescheduled to another date, a member who is unable to attend such rescheduled regular meeting shall be deemed excused from such meeting.
VII. Board Meeting Procedures
A. Agenda. An Agenda shall be drafted by the Chairperson for each regular meeting. The Agenda should outline the Chairperson's suggestion of business to be transacted at the meeting. This Agenda, plus the notice of time and place of the meeting, together with the minutes of the last meeting, shall be forwarded to reach each Board member no less than three (3) days before the regular monthly meeting of the Board. No matter of substantial public involvement shall be decided upon by the Board at a regular Board Meeting without that matter having been placed upon the Agenda forwarded to the Board members or added to the Agenda with the consent of the Board.
The Agenda shall include the following:
1. Public Hearings:
Public Hearings shall be held subject to such quorum requirements as are established by law or regulations or as the Board may otherwise establish.
2. Opening of the meeting and adoption of the Agenda.
3. Public Session
a. There shall be a Public Session at each regular monthly Community Board meeting during which members of the community shall be afforded an opportunity to bring to the attention of the Board any matter that the he or she believes to be of general or common interest to the community and the Board. Each speaker shall be limited to no more than three (3) minutes, provided however that the Chairperson or the Board may vote to extend such time by a simple majority.
b. Reports of the representatives of the members of the City Council and the representatives of other public officials shall also be made during the Public Session.
c. If a public official arrives after the close of the Public Session, the Board will revert to the Public Session for his or her presentation and response.
4. Business Session
The Business Session, embracing all other items on the Agenda requiring the attention of the Board, shall be that portion of the Board meeting where only members of the Board and Public Members of Board committees may speak, and only members of the Board may vote, as a matter of right. However, the public is invited to be present and a member of the public may speak, upon a vote of the Board. A nonmember familiar with an issue before the Board, upon request of a Board member, may respond to questions in Business Session. Business Session items on the Agenda shall be limited to three (3) minutes for each speaker except when otherwise decided by the Chairperson or the Board.
The Business Session shall include the following:
a. Adoption of Minutes
b. Board Chairperson's Report
Together with other pertinent items the Board Chairperson shall review for the Board all significant communications from public officials, governmental agencies or any other source in relation to the work of the Board.
c. Borough President's Report
d. Committee Reports and Proposed Resolutions
Committee reports and resolutions proposed for adoption shall be presented, in writing where possible, by the Committee Chairperson or representative.
e. Old Business - unfinished items from previous meetings.
f. New Business - matters added to the Agenda at the meeting along with any other business that may properly come before the Board.
5. Adjournment
B. Voting
1. Voting at Board meetings shall be either by a show of hands on procedural matters and by written ballot on final resolutions or, in either case, upon the request of no less than five (5) members of the Board present, by roll call vote, with total votes both for and against the issue then being publicly announced and recorded.
2. Each vote taken at a Board meeting shall be in person only. No proxy voting will be accepted.
3. A member who is otherwise eligible to vote on a matter before the Board or a Board committee, and who casts a vote at a time when quorum and all other legal requirements are satisfied, shall have such vote recorded even if such member is late to, or departs early from, the Board or committee meeting at which such vote is cast.
C. Board meetings (and all committee meetings) shall be open to the public, except that, in accordance with the New York State Open Meetings Law, if the Board (or any committee) is dealing with sensitive and/or confidential issues such as personnel matters, the Board (or such committee) may go into executive session in which event its deliberations shall not be open to the public.
VIII. Board Committees
A. Standing Committees of the Board shall be those committees which shall be more or less permanent and which shall continue from year to year. Special Committees of the Board shall be those committees established for a specific purpose or project which shall continue only until such purpose or project has been satisfied or completed.
B. Each Board member shall be required to serve in good standing on at least one Standing Committee.
C. Board members shall have the right to attend and participate in the deliberations of all Board committees (except as set forth in Section VII (C)) but shall have the right to vote only at the committee or committees to which they have been appointed by the Chairperson.
D. Public Members shall have the right to vote at meetings of the committee to which they have been appointed and to participate in the work and deliberations of such committee. Public Members shall also have the right to speak during the Business Session of the Board.
E. Each committee shall have as many meetings as the Chairperson of the Board and/or Chairperson of such committee deem necessary and appropriate.
F. Committee meetings shall be conducted according to the same procedures as Board meetings.
G. Committees shall keep attendance records and shall report in writing all resolutions adopted together with the voting tally.
H. The Chairperson of each Standing Committee shall report absences of members at his/her committee meetings. A Standing Committee Chairperson can excuse a member from his/her committee only for a reason set forth in Section VI(C).
I. During the summer months, and only when action must be taken, any committee (including the Executive Committee) may, after consultation with the Board Chairperson, approve a resolution of the committee and communicate such a resolution to an external entity provided that when making such communication the committee shall explicitly state that its position (i) is being communicated for informational purposes only, (ii) is not a recommendation or position of the Board and (ii) has not received approval of the Board and is not binding upon the Board.
IX. Removal for Cause
A. Members. A member of the Board may be removed from the Board during his or her term of appointment for cause by the Borough President or by a majority vote of the Board. Three consecutive unexcused absences from regular meetings of the Board or the unexcused absences from more than 1/2 of the regularly scheduled meetings in any 12-month period shall be sufficient cause for removal. All of the sanctions available for failure to attend Board meetings shall be equally applicable to failure to attend meetings of each Standing Committee.
B. Public Members. A public member may be removed by the Chairperson during his or her one-year term of appointment only for cause (including, without limitation, for failure to attend meetings as set forth in the last sentence of Section IX(A)) and only with the consent of the Chairperson of the Standing Committee from which the public member is to be removed.
X. Duties of District Manager
Within the budgetary appropriations in accordance with the City Charter, Personnel
Policies of the City of New York, and existing requirements of due process, the Board
shall appoint a District Manager to serve at the pleasure of the Board and to assume the following duties and responsibilities:
1. To select, hire and terminate staff in consultation with the Chairperson and
with the approval of the full Board.
2. To preside at the meetings of the District Service Cabinet and facilitate the
coordination of the delivery of services at the District level.
3. To process service complaints and maintain, administer and service the District Office.
4. To discharge any and all duties, functions and procedures elaborated by the
Board in compliance with New York City regulations pertaining to Community
Boards.
5. To report to the Board on the functioning of the District Office in accordance
with procedures and guidelines established by the Chairperson, the Executive Committee and the Board.
6. To attend and report on such hearings, meetings and public functions as necessary
for the effective and efficient functioning of the District Office, including any such hearings, meetings and public functions which the Chairperson, the Executive Committee or the Board shall direct the District Manager or any other staff person to attend.
7. To present to the Treasurer for his/her review the projected annual budget and
periodic financial and program reports of the activities of the District Office.
8. To provide directly and immediately to the Chair and the Treasurer all
written communications from the Borough President's Office, the Comptroller's Office, the Office of Management and Budget or any other city agency with respect to the Board's internal budget or financial matters pertaining to that budget.
9. To perform such other lawful duties as are assigned by the Chairperson of the
Board in accordance with the general powers of the Chairperson of the Board.
10. To promptly direct all incoming pertinent information to the appropriate
committee Chairperson.
XI. Internal Operation of Community Board
The Board may establish such additional rules of its own as are not specifically covered by the language of these By-Laws and the New York City Charter and are not in conflict with these By-Laws or the New York City Charter.
XII. Amendments
These By-Laws may be amended only in accordance with the following:
1. A motion to amend shall be made at a meeting of the Board.
2. The text of the proposed amendment shall be included in the written notice of the next
meeting of the Board.
3. The motion shall be acted on at the monthly meeting of the Board immediately
following the monthly meeting in which the motion was made.
A motion to amend these By-Laws may not be made and adopted at the same meeting (including any continuation thereof).