by-laws

These by-laws, as herein promulgated or as may hereafter be amended, shall govern this Board in all instances where it is not inconsistent with the New York City Charter. Should a conflict exist, the New York City Charter shall prevail.

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Article I

Name:

The name of this organization shall be Community Board #15 of Brooklyn, hereinafter referred to as the “Board”.

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Article II

Definitions:

As hereinafter used, the following definitions shall apply:

Board

Community Board #15 of Brooklyn

Community

The inhabitants of the District designated as Community Board #15 of Brooklyn on the Community District Map adopted by the Board of Estimate on December 23, 1976, or as thereafter amended.

District

The area designated as Community Board #15 of Brooklyn on the Community District Map adopted by the Board of Estimate on December 23, 1976 or as thereafter amended.

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Article III

Boundaries:

This Board shall serve the community within the District.

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Article IV

Membership:

Members:

This Board shall consist of the Council Members elected from any area which includes a part or all of such District, all of whom shall be non-voting members and not more than fifty (50) persons appointed by the Borough President, who have a residence or a business, professional or other significant interest in the District, after consultation by the Borough President with the aforementioned Council Members. In making such appointments, the Borough President shall give due regard to representation for each neighborhood within such District. Not more than twenty-five (25%) percent of such appointments shall be City Employees.

Term of Board Membership:

Members of the Board shall be appointed by the Borough President for terms of two (2) years, one-half of the membership being renewed each year.

Vacancies:

The Borough President shall appoint a new member to fill the unexpired term of any vacated Board seat.

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Article V

Functions, Powers and Duties:

This Board shall have among others, the following functions, powers and duties:

To establish communications with the community, and act as a liaison between the community and the City Agencies.
To review, coordinate and monitor the delivery of services within the District.
To develop plans for the welfare and orderly development of the community and the District,
To advise the Borough President and other Elected Officials, City Planning Commission and all City agencies with respect to any matter relating to the welfare of the District and the community.
To keep the community informed on matters relating to its welfare and development.
To hire and remove any members of the Board’s staff.
To recommend the removal of any Board member in accordance with the New York City Charter and/or these By-Laws.
To remove from Office any Officer and/or Executive Committee Member of the Board in accordance with the New York City Charter and/or these By-Laws.
Such other functions, powers and duties as may be set forth in the New York City Charter or these By-Laws.

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Article VI

General Provisions:

Members of the Board shall serve without compensation.
No Board Member, nor staff employee shall represent the Board before any City Agency, authority or any other organization or group, unless so designated by the Board, Board Chairperson or the Executive Board.
Any Board Member or staff employee representing the Board may not make a statement which conflicts in any respect with positions adopted by the Board.

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Article VII

Meetings:

Frequency:

There shall be at least one (1) regular meeting of the Board each month per calendar year, to be held on the last Tuesday of each month, unless otherwise specified, as shall be designated by the Chairperson in the Notice of Meeting sent to the Board Members.

Meetings will be held September to June unless circumstances require change.

Public - Executive Sessions:

The public portion of the Board meeting shall encompass the discussion of matters brought forth by the community for the Board’s consideration during the Public Session. Board members will not join in the discussion.
The Chairperson of the Board, Sergeant-at-Arms, Parliamentarian and/or the Board shall have the authority to limit discussion during the Public Session.
The public may attend the Executive Session portion of the Board meeting, but the public shall not participate therein, except by invitation from the Chairperson and/or the Board.

Special Meetings:

A special meeting shall be a meeting other than a regular Board Meeting, and may be called by either:
1. The Board Chairperson; or
2. A Resolution adopted by the Board, by majority vote; or
3. A written request of at least twenty (20%) percent of the full membership of the Board, computed to the highest whole number, to the Chairperson; or
4. A written request of at least fifty (50%) percent of the full membership of the Executive Board, computed to the highest whole number.
A Special Meeting shall be called within ten business (10) days after written receipt of the request at the District Office, or upon the date requested, whichever is later.
The Agenda of the Special Meeting shall be limited only to the specific purpose of such meeting as outlined in the notification.
A Special Executive Closed Door meeting may be called by the Chairperson with due notice.\

Public Hearings:

The Agenda of the Public Hearing shall be limited only to the specific purpose of such meeting, as outlined in the notification.
Hearings may be called by Board Chairperson or by the Chairperson of a specific committee.
A Public Hearing shall require the attendance of twenty (20%) percent of the actual members of the Board, computed to the highest whole number, but in no event less than seven (7) members. A hearing called by a Committee Chairperson requires attendance of at least 3 Committee members.
The Minutes of the Public Hearing shall include:
1. A record of the Board Members present.
2. A record of the names and addresses of all the speakers.
3. An audio recording of the proceedings.

Notification:

Regular Meeting — at least seven (7) days written notice prior to the meeting date, commencing on the date of mailing. Said notice shall include the agenda for such meeting.
Special meeting — at least seven days written notice prior to the meeting date, commencing on the date of mailing. Said noticed shall include the agenda for such meeting.
Public Hearing — at least seven (7) days written notice prior to the hearing date, commencing on the date of mailing. Said notice shall include the agenda for such meeting.
Applicants for Special Permits or Variances must notify residents in a 200 foot radius. Residents are permitted to view plans in the Community Board’s Office. Copies of plans may be requested for delivery within 2 business days, but will only be released upon a signed receipt.
Applicants seeking either Board approval or a Board recommendation of a Community Facility, including without limitation all Drug Treatment Facilities, Group Homes, etc., must notify residents and commercial tenants in a 200 foot radius at least fourteen days prior to any Public Hearing or Board vote on said Facility.

Quorum:

A quorum shall be necessary to convene any regular or Special Board Meeting. A quorum shall consist of fifty (50%) percent plus one (1), computed to the highest whole number of the actual membership of the Board.

Voting:

Except as otherwise specifically required herein, all actions shall be decided in accordance with voting requirements as specified in Roberts Rules of Order.

Each Board Member is entitled to cast one (1) vote, in person, no proxies being accepted, on each item voted upon by the Board.

If a Board Member has personal and/or business interest, directly or indirectly, in an item pending before the Board, the Board Member must identify this interest and abstain from discussing and voting upon this item.

Agenda:

An Agenda shall be drafted by the Chairperson of the Board. The Agenda shall outline the business to be transpired at the meeting.
The Agenda shall consist of the following:
1. Public Session
2. Executive Session
3. Roll Call
4. Adoption of prior meeting’s Minutes
5. Board Chairperson’s Report
6. District Manager’s Report
7. Committee Reports
8. Old Business
9. New Business
10. Adjournment.
All items to be voted upon shall be listed on the Agenda.
The Agenda at any meeting may be modified by the Chairperson.

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Article VIII

Attendance:

All Board Members are expected to be physically present at all Regular and Special Meetings of the Board,
In order to remain on the Board, no Member’s absence record shall exceed:
1. Three (3) consecutive absences in any Board calendar year; (September-August); or
2. Five (5) total absences in any Board calendar year; (September-August), none of which are more than three (3) consecutive absences.
If any Board Member is in violation of Section B of this Article, upon request by the Executive Board, he/she must appear before the Executive Board at its next meeting following the Member’s violation herein to present evidence as to why the Member should be excused for his/her absences. Should the Executive Board deem the evidence presented valid and acceptable, they may waive the violation solely in the immediate instance. Any Member so excused, his/her attendance record shall be re-examined within 6 months.

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Article IX

Officers and Executive Committee:

Officers

The Officers of this Board shall be:
1. Chairperson;
2. First Vice-Chairperson;
3. Second Vice-Chairperson;
4. Treasurer;
5. Secretary;
At the discretion of the Chairperson, a Sergeant-at-Arms and Parliamentarian may be appointed.

Executive Committee

The Executive Committee shall consist of (10) elected Board Members-at-large, exclusive of the officers.

Eligibility

To be eligible to be elected as an Officer or Member of the Executive Committee, a Member must have assumed membership on the Board in January of the calendar year immediately preceding his/her election. No employee or relative of an Elected Official is eligible.

Term of Office

Each Officer and Executive Committee Member shall serve for a period of approximately one (1) year, with the term beginning at the time of election and terminating on the date of the next following election.
There shall be no limit as to the number of consecutive terms an Officers and/or an Executive Committee Member may seek reelection and, if successful, hold that same position.

Election

At the regular April Meeting, a Nominating Committee of five (5) Board Members shall be selected; two (2) Members shall be elected by the Board and three (3) Members shall be appointed by the Chairperson of the Board. The Chairperson of this Committee shall be selected by the Board Chairperson from amongst the three appointees. In addition two (2) alternates shall be selected, one (1) elected by the Board and the other designated by the Board Chairperson. These alternates shall attend all Committee Meetings, but not vote unless replacing a regular Member of their Committee. No Member of the Nominating Committee shall seek an Officer Position on the Board. No one on the Nominating Committee can be nominated from the floor.
The Nominating Committee shall report back, at the Regular May Meeting of the Board, its selection for each position of Officer and Executive Committee Members.
At the Regular May Meeting, additional nominations may be submitted from the floor by Board Members. Nominations will then be closed at this meeting. Elections will then be held at the regularly scheduled June Board Meeting. In the event of no contest to an office, the position shall be assumed at the end of the May Meeting.
Voting for each position shall be written, secret ballot. Only Board Members may vote. No proxies shall be allowed. Each Member shall have one vote.
There shall be a separate election for each position. Elections shall be in the following order: Chairperson, First Vice-Chairperson, Second Vice- Chairperson, Treasurer, Secretary and Executive Committee. The persons with the highest number of votes in each category shall be declared elected.
The Executive Committee Members shall be elected on one ballot, with those receiving the greatest number of votes being elected. In the case of a tie for the last Elected Member; a run-off election, solely between the tied participants, shall be held immediately.
In order for a Member to be elected to any position, he/she must have previously indicated his/her willingness to serve by written communication to the Chairperson of the Nominating Committee in accordance with the procedure established by the Nominating Committee. Said communication must be directed to attention of Chairperson of Nominating Committee.
Should the Office of Chairperson become vacant during his/her term of Office, then the first Vice-Chairperson shall temporarily assume the position of Chairperson, together with all of its powers and duties, until the earliest possible special election is held to officially fill the position of the Chairperson. Should a vacancy occur in the position of any other Officer or Member of the Executive Committee, exclusive of Chairperson, the position shall remain vacant until the earliest possible special election is held to officially fill said position.
Should a vacancy occur in the position of any Officer or Executive Committee Member, a special election must be held within thirty (30) days from the date of the vacancy having occurred. Written notice of this meeting shall be sent to all Board Members by the Chairperson or acting Chairperson, not less than seven (7) days prior to the date of the election, commencing with the date of mailing. All nominations to fill the vacancy shall come from the floor, from the Board Members present at this election. All other voting provisions apply to a special election as they are in effect for a regular election; unless otherwise specified in this subsection.

Duties

Chairperson:

The Chairperson, or his/her representative, shall have the following duties:

To perform all duties as prescribed in the City Charter, and any other duties as prescribed by law.
To attend all meetings required by the Mayor and Borough President pursuant to the City Charter (or have a representative do so).
To conduct Regular and Special Meetings of the Board in compliance with parliamentary procedure.
To announce the business before the Board, according to the Agenda
To state and put to a vote all motions or resolutions which are to be voted upon in the course of the Board’s business, and to announce the result of the vote.
To represent the Board and perform all necessary functions according to the decisions duly made by the Board, including, but not limited to, communicating with Governmental Agencies.
To authenticate all acts, orders and proceedings of the Board, and to be the spokesperson for the Board, in relation to the news media, agencies of government and the public.
To establish Special Committees, as may be deemed necessary, to maintain and improve the functions the Board; and to abolish such Committees when their purpose is no longer needed.
To appoint, suspend or remove Chairpersons of the Standing Committees of the Board, and to appoint, suspend or remove the Chairpersons of the Special Committees.
To appoint a Sergeant-at-Arms or Parliamentarian to keep order at meetings and make parliamentary calls at meetings following Roberts Rules of Order.
To serve as Ex-Officio Member of each Committee, except the Nominating Committee.
To prepare and deliver the Chairperson’s Monthly Reports at each Regular Meeting of the Board.

Vice-Chairperson:
1. The First Vice-Chairperson shall perform the duties of the Chairperson during his/her absence or inability. He/she shall have all the powers and be subject to all the responsibilities that are vested in and imposed upon such Chairperson during this period.
2. The Second Vice-Chairperson shall perform the duties of the Chairperson in the absence or inability of both the Chairperson and the First Vice-Chairperson. He/she shall have all the powers and be subject to all the responsibilities that are vested in and imposed upon such Chairperson and First Vice-Chairperson, during this period.
3. The Vice-Chairperson shall assume any additional duties designated by the Board Chairperson.
4. The Vice-Chairperson shall serve as Alternate, in the absence of the Chairperson on the Borough Board.

Treasurer:
1. The Treasurer shall be responsible for the care of all funds and expenditures of the Board.
2. Upon five (5) business day’s written notice, the Treasurer shall direct the exhibition, at all reasonable times, of the Board’s books and accounts to any Member of the Board or other authorized party.
3. The Treasurer shall render a statement of the condition of the current fiscal year’s finances of the Board on the annual basis at the June Meeting of the Board, and submit a written report in June to the Board on all expenditures and pay increases made by the Board Office.
4. The District Manager must submit monthly statements to the Treasurer as to any transactions, bills, and statements received.
5. The Treasurer shall do and perform all duties related to the office of the Treasurer.
6. If the Chairperson and both Vice-Chairpersons are absent from a meeting, then the Treasurer shall assume the duties of Chairperson for that meeting only.
7. The Treasurer shall assume any additional duties designated by the Board Chairperson.

Secretary:
1. The Secretary shall supervise the work of the staff secretary in preparation and distribution of the Minutes of the Meetings of the Board, which Minutes shall be taken by the staff secretary.
2. lf the Chairperson, both Vice-Chairpersons and the Treasurer are absent from a Meeting, then the Secretary shall assume the duties of Chairperson, for that Meeting only.
3. The Secretary shall assume additional duties designated by the Board Chairperson.

Executive Committee:
1. The Executive Committee shall serve as an integral part of the Executive Board.
2. The Executive Committee shall assume any additional duties designated by the Board Chairperson.

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Article X

Executive Board:

The Executive Board shall be comprised of the following:
1. The Elected Officers.
2. The Executive Committee.
3. The Past Chairperson(s) of the Board.
The Board Chairperson shall be the Chairperson of the Executive Board.
In emergency situations, the Executive Board may act on behalf of the Board, provided that such action is not contrary to any previously stated policy and/or position of the Board, and provided further that any such action shall be ratified by the Board membership and there shall be no further implementation of said action after such meeting, and steps shall be taken to withdraw the action, where possible.
Board Members may attend Executive Board Meetings as observers except, when the Executive Board determines that Executive Session is necessary.
Executive Board Meetings are called at the discretion of the Chairperson.
At the meetings, the Executive Board shall discuss all matters relevant to the Board, and vote upon these matters whenever necessary.
The Executive Board may recommend to the entire Board the hiring or removal of any member of the Board’s staff.
The Executive Board may recommend to the entire Board the removal from Office of any Officer and/or Executive Committee Member of the Board, in accordance with the New York City Charter and/or these By-Laws.
The Executive Board may recommend to the entire Board the removal of any Board member, in accordance with the New York City Charter and/or these By-Laws.

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Article XI

Committees:

There shall be the following standing committees:
1. Budget & Finance
2. Consumer Affairs & Economic Development
3. Commemorative Street Co-Naming
4. Education
5. Environmental Protection & Sanitation
6. Law, Legislation & By-Laws
7. Parks & Cultural Affairs
8. Public Safety
9. Transportation & Transit
10. Youth Services, Health Services & Aging
11. Zoning & Housing
The Board Chairperson may create Special Committees in addition to those listed above.
The Chairperson and Members of all Committees shall be appointed by the Chairperson of the Board.
Each Member of the Board must serve on at least one Committee.
No Committee Member who has business before the Committee can join in discussion or vote on the issue.
The Nominating Committee shall be a Special Committee created each April at the Regular Board Meeting and terminated following their report, at the Regular May Meeting.
Committee Members must attend Committee Meetings.
Members of the Public may attend Committee Meetings but shall not have the right to vote.

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Article XII

District Manager:

The Board shall hire a District Manager in accordance with the guidelines of the New York City Charter.
The Chairperson will be the Executive Officer of the Board Office and its Staff. The District Manager and Staff work at the direction of the Chairperson.
The District Manager will serve at the pleasure of the Board.
The District Manager and Chairperson shall preside over the District Cabinet Meeting.
The District Manager shall be accountable to the Board but shall work under the supervision of the Board Chairperson.
All salary and/or raises of the office staff are approved at the discretion of the Executive Board.

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Article XIII

District Office:

The Board shall maintain an official office within the District.
All correspondence, whether in writing, email, fax, or telephone directed to the Board shall be sent to the District Office and submitted to the Chairperson for designated action.
All official correspondence emanating from the Board or from any Member thereof, shall be sent from the District Office under the supervision of the Chairperson.
The District Office shall keep and maintain all of the correspondence received by or emanating from the Board, or any Member thereof, shall be kept and maintained at the District Office.
The District Manager and the staff of the Board shall utilize the District Office as their official headquarters, and shall conduct all of the Board’s business, as necessary, therefrom.
All expenditures must be approved by the Chairperson. Expenditures over $1000 need approval of the Executive Board.

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Article XIV

Impeachment:

Any Officer and/or Executive Committee Member may be removed from office due to malfeasance and/or neglect of duty.
Impeachment charges, in accordance with Section A of this Article may be submitted in writing by any Board Member. These charges must be submitted to the District Manager at the District Office. Copies of these charges must be mailed by the District Manager to all Board Members within five (5) days from the date of receipt at the District Office.
1. Should the date of mailing these charges be at least seven (7) calendar days prior to the date of the next Regular Meeting of the Board, then the charges may be voted upon at the upcoming Board Meeting.
2. Should the date of mailing these charges to each Board Member be less than seven calendar days prior to the date of the next Regular Meeting of the Board, then the charges shall not be voted upon at the upcoming meeting, but rather, at the Regular Board Meeting immediately following the upcoming meeting.
Should the Board, after hearing the charges and the defense thereto, decide by a majority vote of the Board Members present and voting at a quorum meeting, that the charges are justified, in whole or in part, then the Officer or Executive Committee Member shall be immediately removed from office. Any Officer or Executive Committee Member so removed from Office shall still retain his/her Membership on the Board.

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Article XV

Termination of Board Membership:

A Board Member may have his/her Membership terminated during his/her term of Membership for malfeasance and/or misfeasance and/or neglect of duty.
A Board Member may have his/her Membership terminated during his/her term of Membership, for excessive absence in accordance with the provisions as set forth in these By-Laws.
A Board Member may have his/her Membership terminated during his/her term of Membership, should his/her Membership status be altered. Membership status shall be based upon a Board Member having been appointed due to having a residence or a business, professional or other significant interest in the District,
Should the Executive Board, by a majority vote, find that a Board Member should be terminated in accordance with Section(s) A, B, or C of this Article, then the Executive Board shall recommend to the entire Board the removal of said Board Member. Should the Board approve of this action, by a majority vote of the Board Members present and voting at a quorum meeting, then the Board shall recommend to the Borough President the termination of said individual’s Membership on this Board.

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Article XVI

Termination of the District Manager

The District Manager serves at the pleasure of the Board and may be terminated at the will of the Board. Termination may be at the will of the Board or by acts of malfeasance, or involvement in political matters during office hours, or not being responsive to the Chairperson or Board Members, or speaking to the Press on Board matters or, attending Board functions without Chairperson’s permission or not following procedural guidelines for Community Boards.
The Officers and Executive Board Members may at a Special Meeting remove the District Manager from Office.

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Article XVII

Amendments:

Any Board Member may propose an amendment to these By-Laws by forwarding a written copy of such proposed amendment to the Board Chairperson at the District Office, and requesting that a copy of this proposed amendment be forwarded to all Board Members.
Within five (5) business days of the date of receipt of the proposed amendment by the District Office, a copy of said proposed amendment shall be mailed to each Board Member.
1. Should the date of mailing of the proposed amendment to each Board Member be at least seven (7) business days prior to the date of the next Regular Meeting of the Board, then the proposed amendment may voted upon at the upcoming Board Meeting.
2. Should the date of the mailing of the proposed amendment to each Board Member be less than seven (7) business days prior to the date of the next Regular Meeting of the Board, then the proposed amendment shall not be voted upon at the upcoming meeting, but rather, at the Regular Board Meeting immediately following the upcoming meeting.
Adoption of a proposed amendment shall be by at two-thirds (2/3) vote of those present in favor thereof by the Board Members present and voting at a quorum meeting.

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Article XVIII

Rules of Order:

Robert’s Rules of Order shall govern all matters pertaining to parliamentary procedure that are not in conflict with these By-Laws and the City Charter.

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