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Community Board 9 By-Laws

Queens Community Board 9 Membership

By-Laws

Adopted January 10, 2017

Chairperson- Raj Rampershad
District Manager- Lisa Gomes

Ad-Hoc Committee
(Carter, Crawford, David, DeCamp, Pollack)

Proposed-November 9, 2016
1st Vote to Adopt- December 12, 2016
2nd Vote to Adopt-  January 10, 2017

ARTICLE I

PURPOSE

The Community Board is mandated by the New York City Charter to review and consider all matters within its power and authority pertaining to the general welfare of the district, including zoning matters, land-use, delivery of city services, preparation of expense and capital budgets, and not excluding matters deemed significant by the Board within its authority as set forth under Chapter 70, Section 2800 and other relevant sections of the New York City Revised Charter of 1979.

The Community Board will make recommendations to the Borough President and all City Agencies to which such recommendations are relevant.

ARTICLE II

NAME
The name of this Board shall be known as Community Board 9, Borough of Queens.

ARTICLE III

AREA SERVED

This Board shall serve the community within the areas as designated by the City Planning Commission, adopted by the Board of Estimate by January 1, 1977 and subject to review and revision as provided in Chapter 69 of the City Charter.

The areas served by this Board shall include such other and different areas as may be designated by the City Planning Commission and hereafter adopted in accordance with the rules and regulations of the City of New York.

ARTICLE IV

RESPONSIBILITIES OF COMMUNITY BOARD MEMBERS


Shall attend all regularly scheduled meetings of the full Board. A Board Member shall not be deemed present unless he/she is in attendance during the entire meeting.  “Absence from a meeting” shall mean physical non-attendance and/or failure to be present for voting on two or more agenda items marked “Vote To Be Taken”, at any regular or special meeting of the Board.
Shall participate on at least one committee. Failure to do so may result in removal from the board.
Shall vote on all matters before the Board except where there is a conflict of interest.  Conflict of interests shall be defined within the framework of the rulings of the New York City Conflicts of Interest Board.
Shall not speak for the Board unless duly authorized by the Board or the Chairperson of the Board to do so.                                                                
Shall vote in person, and not by proxy, on all matters that come before the Board and/or committee for such vote.

ARTICLE IV

OFFICERS

The elected officers of the Board who shall serve for a period of one year shall be the following:
Chairperson
Vice-Chairperson 
2nd Vice-Chairperson
Treasurer
Board may establish other officer positions if deemed necessary and advisable to assist the board in carrying out its duties.

ARTICLE V

OFFICER ELIGIBILITY

To be eligible for any office of the Board, a member must first have been appointed to the Board by the President of the Borough of Queens
A member must have served at least one year on the Community Board prior to running for elected office.
A member must be present at Community Board meetings at least 70 percent of the time.

ARTICLE VI

NOMINATIONS AND ELECTIONS OF OFFICERS

Nominations shall be made from the floor by any member at the March meeting and the officer shall be elected by vote of the Board.
The candidate who receives a majority of the votes cast at a duly constituted meeting shall be deemed elected to such office. In the event that no candidate shall receive a majority of the members present, then a second vote shall be had upon which the members of the Board in attendance shall consider only the two candidates having the highest number of votes on the last preceding ballot. Further votes shall be taken until one candidate shall have received a majority of the votes of members of the Board present and entitled to vote during the presence of the quorum.
Every member of the Board attending the meeting shall be entitled to one (1) vote.
Nominations for elections shall be public.

DUTIES OF OFFICERS

THE CHAIRPERSON
Shall be Chief Executive of the Board
Shall preside at all regular and special meetings of the Board and the Executive Committee.
Shall provide guidance and direction for all the activities of the District Manager and of the office staff so as to comport with the goals and policies set forth by the Community Board.
Shall provide direction to and oversight of the District Manager; perform annual review of the District Manager and recommend annual salary adjustments for Executive Committee approval followed by full Board approval; and recommend and oversee a process for recruiting and hiring a new District Manager should the position become vacant.
Shall be the sole spokesperson for the Board or, in certain instances, may designate a member to be the spokesperson.
Shall have the right to call a special meeting when deemed necessary or upon the written request of at least five (5) members of the Board, within a reasonable amount of time. If such meeting is called, a ten (10) day notice shall be given to the members of the board, and the Borough President.
Shall have the authority to appoint standing and special committees.
Shall appoint, suspend or remove chairs, vice-chairs, and all members of committees of the Board.  In making committee assignments, consideration shall be given to the preferences of the Board members, who shall be requested to express them in writing, and to the good of the committee and the Board.  All committee chairs and vice-chairs shall serve during the term of the Board Chair appointing such chair.
Shall have the right to invite a person to speak to the Board if he or she deems it necessary to the proper operation of the Community Board.
Shall maintain and turn over all records to his or her successor. (This requirement applies to all officers of the Board).
Shall prepare an agenda with input from the Executive Committee, and individual Board members for the board meeting with sufficient time allotted for distribution ten (10) calendar days prior to the meeting.
Shall send a notice of the TIME, PLACE, and SUBJECT of a Public Hearing for ALL actions, for publication in the City Record to be distributed not less than fifteen (15) calendar days PRIOR to the date of the hearing. (As per directive dated July 13 1981 CPC).
Shall interpret and enforce Robert’s Rules of Order except as superseded by the By-Laws. The Chair may appoint a parliamentarian to assist in resolving any parliamentary issues.                                                  
Shall attend, on a regular basis, the Borough Board meeting of Queens and report to the full board at its next regular meeting.
Shall serve in whatever other capacity is required or mandated by law.
Shall, in the event the offices of the District Manager or Assistant District Manager become vacant, within fourteen (14) days form a search committee.
THE VICE CHAIRPERSON
  • In the absence of the Chairperson, shall have all the powers and functions of the Chairperson.
  • Shall perform such other duties as prescribed, including, but not limited to, chairing committees and supervising and delegating the work of the committees along with the Chairperson.
SECOND VICE CHAIRPERSON
  • In the absence of the Vice Chairperson, shall have all the powers and functions of the Chairperson.
  • Shall perform such other duties as prescribed, including, but not limited to, chairing committees and supervising and delegating the work of the committees along with the Chairperson.
THE TREASURER
  • Shall render a bi-annual report of any fiscal statements of finances of the Board to the general Board membership. Such statements shall also be rendered when requested, by the Chairperson or any member of the Board.
  • Shall attend and report on borough and citywide Preliminary Capital and Budget Hearings.
  • Shall be responsible for interpreting and reporting on the updates from the Office of Management and Budget (OMB) as it relates to Community Board 9.
  • Shall perform such duties as may be assigned from time to time upon the board resolution.
  • Shall prepare, with the assistance of the Executive Committee and the District Manager, a budget for the upcoming year, reportable to the Board for approval.

MEETINGS AND HEARINGS

DEFINITIONS
“Meeting” shall mean any regular or special, executive session, public or closed, any public hearing or committee of the whole of the Board.
“Executive Session” shall mean a session of the Board other than a public hearing or meeting of a committee of the whole.
“Public Hearing” shall mean any meeting of the Board at which public testimony is taken with respect to specified subjects either when required by law or when held at the discretion of the Board.

MEETINGS OF THE BOARD

Regular meetings of the Board shall be held at least once each month except during the months of July and August.
An Executive Session or meeting closed to the public may be called by a majority vote of the appointed members provided that no final action shall be taken at such Executive Session.
All regular meetings and Executive Sessions of the Board shall be in accordance with the requirements of the Open Meetings Law.

PUBLIC HEARINGS

Public Hearings shall be in accordance with the requirements of the Open Meetings Law and, where applicable, the Uniform Land Use Review Procedure (ULURP).
At the conclusion of any Public Hearing or if appropriate and decided by the Board, at the next Board meeting, the Board shall review and discuss the matter(s) discussed at the Public Hearing and vote thereon.
The adoption of a recommendation at a Public Hearing shall be by a public vote by a majority of the currently serving appointed members of the Community Board at a duly called meeting at which a quorum is present.
The written recommendation of the Community Board shall be submitted to the City Planning Commission, the Borough President, and Borough Board in accordance with the New York City Charter and, where applicable, ULURP, (Article IV, Section 4.064).
Public Hearings shall be conducted at the discretion of the Board Chairperson in compliance with the New York City Charter.

AGENDA – MEETINGS OF THE COMMUNITY BOARD

The agenda for meetings of the Board shall be prepared by the Chairperson of the Board, or in the absence of the Chairperson, the appropriate officer of the Board, with the counsel of the Executive Committee and with the assistance of the District Manager and the Board Staff, and forwarded to the appropriate agencies, elected officials, civic associations, local press, and each Board member, no later than 5 days prior to the date of the meeting.
A member of the Community Board, who wishes to have an item placed on the agenda and considered by the Board, shall request the Chairperson to place the item on the agenda.  The Chairperson, in his or her sole discretion, shall place the item on the agenda for consideration.  A refusal to place an item on the agenda may be appealed to the Executive Committee as a motion to add an item to the agenda and, if approved by a majority vote of the Executive Committee, shall be added to the agenda.
The agenda for the meetings of committees of the Board shall be prepared in the same manner as set forth in Section 1, of the Article, except that the “Chairperson of the Committee” shall be substituted in place of the “Chairperson of the Board”.
Unless a motion is made to amend the agenda at the meeting of the Board, the agenda as prepared and forwarded pursuant to Section 1. of this Article shall be deemed adopted without the need for a vote thereon.
A refusal to place an item on the agenda may be appealed to the Executive Committee.
PAID EMPLOYEES

HIRING OF STAFF

The Charter requires each Community Board to appoint a paid District Manager (DM), who serves at the pleasure of the Board.  The Board may hire a paid Secretary/Office Aide, and other such salaried staff as deemed necessary to serve the Board in its functions.  The DM shall be under the direct supervision of the Board Chairperson.

The District Manager shall be hired pursuant to the following procedures:

The Chairperson of the Board shall appoint a Screening and Search Committee consisting of no less than 5 members.
The Committee shall establish criteria for the position, create a job description, advertise in the media, and shall review submitted resumes and interview applicants.  The position shall be advertised in a minimum of three places to reach an adequate, diverse pool of applicants.
The Committee shall, within a timely manner, report its recommendations to the full Board for filling the position.
Based on the recommendation of the Screening and Search Committee, the
Board, at its next regularly scheduled meeting, shall select by majority of members present and entitled to vote during the presence of a quorum, the person to fill the position of District Manager.
DUTIES OF DISTRICT MANAGER:
Presides at meetings of the District Service Cabinet, composed of agencies providing municipal services on a decentralized basis;
Proposes the agenda, represents the interests of the community and the Board in dealing with the managers or district supervisors representing their respective departments on community based complaints and problems of community residents;
Attends Community Board meetings. Reports on issues concerning, and actions taken, at District Cabinet meetings as well as on other pertinent matters;
Processes complaints from residents of the district relating to services provided by municipal agencies within the district. Resolves minor local complaints and processes complaints of a recurring or major nature to appropriate authority. Prepares written or verbal reports to the Community Board on complaints received;
Supervises the staff and administers the office of the Community Board;
Participates in the formulation and development of Community Board policies and procedures. Executes these policies and procedures as necessary;
May be assigned by the Community Board to conduct investigations on needed services, to initiate plans for providing such services, or to take other actions as the Community Board deems necessary. Directs staff in planning and research in this area, as necessary.
The Chair may consult any internally prepared job descriptions and evaluation tools.
QUORUM

At monthly and Special Meetings: a simple majority (more than half of the appointed board members) of the full Board shall constitute a quorum of the board.
Public Hearings: a quorum for a Public Hearing shall consist of twenty percent (20 %) of the appointed members of the Board, but in no event fewer than seven (7) such members.
Committee Meetings: a quorum for committee meetings shall be fifty percent (50%) plus one (1) of those Board members of the committee eligible to vote.
 

COMMITTEES OF THE COMMUNITY BOARD

Executive Committee

There shall be an Executive Committee chaired by the Chair of the Board, and shall consist of elected Officers of the Board and the Chairs of the Standing Committees.
The Executive Committee shall coordinate the activities of the Board and assist the Chair in the performance of the Chair’s duties.

Standing Committees

The Board shall have the following Standing Committees:

  1. Parks & Recreation and Environment
  2. Public Safety
  3. Transportation and Traffic
  4. Education and Youth Services
  5. Land Use and Housing
  6. Health and Social Services
  7. Economic Development
  8. Budget and Finance

Reports of Committees

Each Standing Committee shall submit a written report and/or minutes to the Board at the regular meeting of the Board, or as may be requested by the Chairperson, however, any committee may, on its own initiative, make such reports and recommendations to the Board at any meetings, or to the Executive Committee or Chairperson.
All such reports and recommendations shall concern subjects within the Committees area of responsibility or to matters assigned to it by the Chairperson, or by the Board by resolution adopted by the members.

Duties of Committees

Each Standing Committee shall familiarize itself with programs, plans, and problems relative to its particular field of the Board’s Charter mandated functions.
Committee Membership, Chairperson, Appointment, Term.
The Chairperson shall appoint members of the Board to annual terms of membership on the Standing Committees.
The Chairperson of the Board shall appoint a Chairperson or Co-Chairperson to each committee; such person(s) shall be a member(s) of the Board. Standing Committee Chairpersons shall serve as such for annual (1 year) terms.
Chairperson shall have the authority to create and dissolve ad-hoc committees as needed to further the purposes of the Board.
Each Committee shall consist of a minimum of three (3) members.
Non-Board Members as Committee Members
The Chairperson may include on any Committee persons with a residence or significant interest in the community who are not members of the Board, but each committee shall have a member of the Board as its Chairperson.

REMOVAL FROM OFFICE – OFFICERS AND MEMBERS OF THE BOARD

Any Officer of the Board may be removed from office for reasons of cause in the following manner:

REMOVAL OF OFFICERS OF THE COMMUNITY BOARD

A motion to institute removal proceedings for cause can be made at any monthly meeting of the Board.   Approval of such motion must be made by two-thirds (2/3) majority of the entire appointed membership of the Board.
If the motion is approved, the presiding officer who shall be the highest-ranking officer (not the subject of removal proceedings) shall designate a three (3)-member committee to investigate allegations and report at the next meeting.
Members of this committee must be one (1) member chosen by the presiding officer, the second member selected by the person who is the subject of the removal proceedings, and the third selected by both jointly (or by lottery in case of a stalemate).
Upon report of said committee, which must include a minority report, three-quarters (3/4) of the entire appointed membership of the Board must approve the motion for removal.
REMOVAL OF MEMBERS OF THE COMMUNITY BOARD
Any appointed member of the Board may be removed for cause, which shall include substantial nonattendance at Board or Committee meetings over a period of six (6) months.
The procedure for the removal of a member of the Board shall be the procedure set forth in Section (1) of this Article for the removal of an Officer of the Board.
Nothing herein shall be construed to restrict the powers of the Borough President to appoint members to the Community Board or remove them from office.
Removal of an Officer of the Board pursuant to Section (1) of this Article shall constitute removal of that person from the Board unless specifically decided to the contrary by the Board.
The vote required for the removal of a member of the Board shall be a majority vote of the Board pursuant to Section 2800 of the New York City Charter.

VACANCIES

In the event of the death, discharge, or inability of an officer to execute his/her duties, a new election shall be held to fill the vacancy at the next regular meeting after such position is deemed vacant. The person elected to fill the vacancy shall serve for the remainder of the unexpired term.
The inability of an officer to continue discharge the duties of his/her office shall be determined by either the receipt of a written resignation from said officer by the Chair, or in the case of a resignation by the Chair, the Vice-Chairperson of the Board, or by action of the Board.
All other vacancies on the Board shall be filled by the Borough President in the same manner as regular appointments for the remainder of the unexpired term.
AMENDMENT TO THE BY-LAWS

These by-laws may be amended at the initiation of a majority of the members of the Board present and voting at a monthly meeting.
Ratification of an amendment shall be by two-thirds (2/3) vote of the members of the Board present and voting at the next two consecutive regular meeting of the Board.

RULES OF ORDER

The Board may adopt such rules and regulations which it deems necessary to its operation except where it conflicts with these By-laws or with the New York City Charter.
The current edition of Roberts Rules of Order shall govern all matters pertaining to Parliamentary Procedure that are not covered by these by-laws and the New York City Charter

CONSTRUCTION

If there be any conflict between the provision of the New York City Charter or statutory law and these by-laws, the provisions of the Charter or law shall govern in cases to which they are applicable.

11/9/2016