The elected officers of the Board shall be Chairperson, First vice-Chairperson; Second vice-Chairperson; Third vice-Chairperson; Secretary; and, Treasurer. All those seeking elected office must have served on the Board at least one year immediately prior to being nominated for the position.
It shall be the duty of the Chairperson of the Board to:
It shall be the duty of the First vice-Chairperson to:
It shall be the duty of the Second vice-Chairperson to:
It shall be the duty of the Third vice-Chairperson to:
It shall be the duty of the Secretary to:
It shall be the duty of the Treasurer to:
It shall be the responsibility of Board Members to:
Election of officers shall take place at the regular meeting held in June in accordance with Robert's Rules of Order, newly revised.
All candidates must be members of the Board in good standing. Good standing shall mean that they are not subject to removal for cause.
The April meeting notice shall contain a “Call for Candidates” listing the positions of the Executive Committee as set forth in Article II, Section 1. Each Board member may elect to run for ONE office. Any member who does not receive a “Call for Candidates” shall so notify the Secretary by the close of the April meeting. “Call for Candidates” shall be returned by mail to the Board office or submitted at the call of the May meeting. If received prior to the mailing of the May meeting notice, the names and positions of the candidates shall be published in the May mailing.
At the May meeting, the Secretary shall collect and read the “Call for Candidates.” Additional nominations shall then be taken from the floor. The use of proxies shall not be permitted, except that any candidate not present but returning a properly completed “Call for Candidates shall not be deemed a proxy.
After all of the candidates have been declared, any member PRESENT may change the Executive Committee position for which they have elected to run by notifying the Secretary.
In the event that there are FIVE or more candidates for any one Executive Committee position, a run-off shall be held immediately and the names of the TWO candidates receiving the most votes placed on the ballot for that position. After this, the Secretary shall close the ballot.
The June meeting notice shall contain the names of all the candidates and the respective offices they seek as outlined in Section 1 of this Article.
At the June Board meeting, elections shall be the last order of business, be by written ballot, and be in accordance with the City Charter. No nominations shall be taken from the floor unless there is a vacant position.
The order of the elections will be as follows: Chair, First vice Chair, Second vice Chair, Third vice Chair, Secretary then Treasurer. Each candidate will have three minutes to address the Board at the June Board meeting. The Secretary shall collect and count the ballots in the presence of two other Board members who are not candidates.
All candidates for office must receive 50% plus 1 vote in order to be elected to office. In the event that no candidate receives the requisite number of
votes, a vote shall be taken between the 2 candidates with the largest number of votes and the candidate who receives a majority plus one vote is then elected to office. Election to office shall become final immediately after the meeting is adjourned.
All candidates must receive 50% plus 1 vote in order to be elected to office. Where there are two candidates for an office and there is a tie vote, each candidate shall have an additional two minutes to address the Board. A second vote shall then be taken. If the vote remains tied, a third vote shall be taken. After this, if the vote still remains tied, the vote for that office shall be adjourned for two weeks, at which time a mandatory special meeting shall be held. Another vote shall be taken until the tie is broken. Where there are more than two candidates for an office and no candidate receives the requisite number of votes, a vote shall be taken between the TWO candidates with the largest number of votes and the candidate who receives a majority plus one vote is then elected to office. Election to office shall become effective immediately if the candidate is present and does not decline.
The requirement for office contained in Article II, Section 1, shall remain in full force and effect.
The term of office for all officers shall be for one year commencing upon election at the regular meeting of the Board in June until the election of officers' successors at the regular meeting the following June, unless the individual term of membership on the Board should terminate pursuant to New York City Charter Section. 2800, at which time the term will end with the membership.
If the Chair of the Community Board should vacate his/her office, the First vice-Chairperson shall act as interim Chair until the next full board meeting when a special election shall be held. In the case where the First vice-Chairperson declines to serve as interim Chair, the next highest-ranking member of the
Executive Committee will act as Chairperson in the interim and shall preside over the special election. All other vacancies shall be filled by special election.
Special elections for vacant offices other than Chairperson shall be called by the Chairperson for the next regularly scheduled Board meeting succeeding the vacancy. Elections for the vacant position will be the last order of business for that meeting. The Secretary will be responsible for informing the membership of the vacancy prior to the meeting. Any member wishing to be considered for the vacant position must be present and must receive a nomination and a second from the floor. Once candidates are declared and nominated, they will each have three minutes to address the full board. The order will be decided by a toss of the coin. The Election will then proceed according to the procedure outlined in Section 2 of this Article.
Regular meetings of the Board shall be held on the second Tuesday of the month except during the months of July and August and, except on religious and public holidays (in which event another day shall be selected.)
The Executive Committee shall decide upon the location of regular and special meetings of the Board.
Board members and the public shall be given advance notification of regular and special meetings of the Board. A written agenda shall accompany such meeting notices to Board members.
The Chairperson or two members of the Executive Committee or ten members of the Board can call special meetings of the Board. The purpose(s) of the meeting shall be stated in the call and at least seven days notice given.
A quorum shall consist of a majority of members of the Board.
Voting shall be by a roll call except as otherwise provided by these Rules. The New York City Charter, the Standard Operating Procedures, and Robert's Rules of Order. Votes shall be recorded by the Secretary and included in the minutes of the meeting. Voting records shall be kept in the Board's permanent files.
Meetings of all minutes shall be kept and distributed to Board members.
Regular or special Board meetings shall automatically be adjourned at twelve midnight with all unfinished business carried over as old business at the next Board meeting. A majority of the Board members in attendance shall be required to suspend the operation of this rule.
At the discretion of the Chair, all motions may be required to be reduced to writing before being placed in order for them to be considered by the Board.
The public shall have the right to attend all meetings of the Board in compliance with the Open Meetings (“Sunshine”) Law and the New York City Charter.
At each regular or special meeting of the Board, in compliance with the New York City Charter, a special time shall be set aside for comments by non-Board members. This time shall be limited to fifteen minutes. Speaking time should be limited and pre-registration required at the discretion of the Chairperson. This public speaking time must be listed on the agenda before committee reports. A quorum must be present.
Attendance shall be recorded at every meeting of the Board and every meeting of any committee of the Board.
Three consecutive unexcused absences from regular meetings of the Full Board and/or unexcused absences from more than one-half of the regular meetings of the Full Board called in any annual session is cause for removal from the Board.
For the purposes of attendance requirements, attendance at Area Committees and Functional Committees will be the same as those of the full Board.
The following may be considered an excused absence:
To obtain an excused absence from Area Committee, Functional Committee and Full Board meetings, the member MUST submit their request in writing or by email, within ten days of the meeting.
If the excused absence pertains to the Full Board Meeting, the written or email request must be submitted to the Secretary of the Board and the Board Office.
If the excused absence pertains to an Area or Functional Committee meeting, the written or email request must be submitted to the Secretary of the Board, the Board Office and the relevant Committee Chairperson.
The written request or email must state:
When a member is attending another Board related activity it shall not be necessary for that member to write an excusal letter if the other board related activity has an attendance list showing their attendance, and that list is in possession of the Board office.
It is the responsibility of the absent member to ensure that the appropriate person, as designated in this section, receives the written or email notification.
The Executive Committee has the ability to deny a request for an excusal if:
Arrival at a regular meeting more than one-half hour after the meeting is convened or departure from a regular meeting before the meeting has been in session for more than one and one-half hours shall be recorded by the secretary as one-half absence.
A member may be removed from the Board for cause, which includes nonattendance as described in this Article.
The Secretary of the Board shall submit to the Borough President and to the Board, at the next regularly scheduled meeting, the names of any members who shall meet the criteria for removal.
A member shall be entitled to advance notice that his or her name shall be submitted to the Borough President and to the Board before any action is taken.
Upon the motion of the Secretary, or any member of the Board, the member for whom cause for removal is found may be removed from membership by a simple majority vote of the Board membership.
The Executive Committee shall consist of all the elected Board officers.
The Executive Committee, subject to approval of the full Board, shall have the responsibility of formulating Board policy and for carrying out such functions as are deemed appropriate between regular meetings of the Board.
The Executive Committee shall meet on a regular basis as decided by the Executive Committee. The Executive Committee shall decide the date and place of such meetings.
The Executive Committee shall maintain minutes of its proceedings and shall publish and send such minutes to all members of the Board.
A quorum of the Executive Committee shall consist of four members of the Executive Committee.
The Chairperson shall develop an agenda for Executive Committee meetings.
Special meetings of the Executive Committee may be called by the Chairperson or by one-third of the members of the Executive Committee.
It shall be the responsibility of the Executive Committee to prepare an agenda for regular Board meetings. Any Board member may propose to the Executive Committee an item for inclusion on the Board's agenda provided that the proposal is submitted in writing and in advance of the Executive Committee meeting.
The First vice-Chairperson shall be responsible for notifying Executive Committee members in advance of Executive Committee meetings---except in the case of a special meeting where notice shall be provided at least seven days in advance.
The Steering Committee shall consist of all Elected officers and the Chairpersons of all standing committees.
The Steering Committee shall have the responsibility of overseeing and coordinating the implementation of Board policy; for considering issues which involve more than one standing committee; and, for assisting in the development of procedures for the comprehensive review and resolution of issues under consideration by more than one standing committee.
The Steering Committee shall hold meetings at least once every three months during the annual term. The First vice-Chairperson shall decide upon the dates and place of such meetings. The first meeting shall occur prior to the second Full Board Meeting of the annual term.
The Steering Committee shall maintain minutes of its proceedings and shall publish and send such minutes to all Board members.
A quorum of the Steering Committee shall consist of a majority of members of the Steering Committee.
The Chairperson and/or First vice-Chairperson shall develop an agenda for Steering Committee meetings.
The Chairperson, First vice-Chairperson or one-third of the members of the Steering Committee may call special meetings of the Steering Committee.
In the event that a standing committee Chairperson cannot attend a Steering Committee meeting, the co-Chairperson must attend. Elected officers who cannot attend a Steering Committee meeting shall notify either the Chairperson or the Secretary in advance of such meeting.
The First vice-Chairperson shall be responsible for notifying Steering Committee members in advance of Steering Committee meetings---except in the case of special meetings. At least seven days advance notice shall be provided to Steering Committee members.
The standing functional committees of the board with examples of their areas of responsibility shall be as follows:
The standing area committees of the Board shall be determined by the Executive Committee. The Area Committee boundaries shall be determined by the Executive Committee with the advice of the Rules Committee and the relevant Area Committees.
The responsibilities of the functional standing committees of the Board shall include, but need not be limited to, studying, analyzing (in conjunction with other functional and area committees as deemed appropriate), and initiating plans and proposals; gathering data on technical (site or non-site specific) issues; holding public hearings and meetings; and, reporting and recommending Board action on all issues, activities and proposals relating to the functions assigned to them by these rules of procedure and/or, as referred to them by the Chairperson of the Board, First or Second vice-Chairpersons, general Board membership or other functional or area committees.
The responsibilities of the area committees of the Board shall include, but need not be limited to, studying, analyzing (in conjunction with other area and functional committees as deemed appropriate), and initiating plans and proposals; holding public meetings and hearings; gathering data on area reactions to plans and proposals relating to their respective area committees, as defined in Section 2 of this Article, and/or as referred to them by the Chairperson, First vice-Chairperson or Third vice-Chairperson of the Board, general membership, or other area or functional committees.
It shall also be the responsibility of the area committees to establish and maintain an on-going relationship with community groups within their respective committee areas; to maintain a continuous awareness of the needs, desires and problems of community residents and business-people; and, to be in regular contact with community, religious, civic and business associations so that they may be aware of pending Board actions.
Matters affecting two or more committees (functional or area) shall be referred to the appropriate committee(s) at the discretion of the Board Chairperson. The Steering Committee will resolve disputes between committees.
Committee reports, unless otherwise waived by action of the Board, shall be in writing and shall be submitted on a monthly basis. Committee reports, when rendered, shall indicate the consideration and/or actions taken by the committee on each and every pending matter previously referred to the committee pursuant to sections 3 and 4 of this Article. Said reports shall additionally include the time and place of the committee meeting, the attendance and the vote count on each motion or resolution.
Special or temporary committees may be created by the Chairperson as the Board or Executive Committee shall deem necessary to carry out the work of the Board. Additional standing committees shall be created by a resolution of the Board adopted at a regular meeting subject to the provisions of Article XIII of these rules of procedure.
Except as otherwise provided in these rules, the Chairperson shall have the power to appoint all committee chairpersons and members with the advice of the Executive Committee. Such chairpersons shall serve at the discretion of the Board Chairperson.
Only the Board Chairperson is empowered to transfer committee members.
Committee chairs shall decide the date and location of committee meetings.
Except in an emergency, committee chairs shall provide members at least seven days advance notice of meetings and provide the First vice-Chairperson and Secretary with notification of all meetings/hearings no later than Tuesday of each week for committee meetings to be held during the ensuing calendar week (which shall begin on the following Monday).
Committee meetings may be called by the committee chair or by two members of the committee: the purpose of the meeting shall be stated in the call.
A quorum for committee meetings shall consist of a majority of members, including non-board members.
Committee chairs, when directed by the Board Chairperson, shall prepare notices such as correspondence and forms of Board actions on matters relating to their committees and submit such notices for the Chairperson's signature (with copies to the Secretary).
Committee chairpersons shall be responsible for publishing and distributing minutes to all committee members, the First vice-Chair, the Second or Third vice-Chair, as appropriate, and the Secretary.
Aside from the provisions of the Uniform Land Use Review Procedure and the City Charter, the Board or its committees shall hold public hearings as deemed necessary. Except during the months of July and August, the Board shall hold one informational hearing per month.
Approval by the Executive Committee shall be required prior to the advertisement and holding of a public hearing by the Board or its committees.
Public hearings shall be legislative type hearings, without sworn testimony or strict rules of evidence. All persons appearing at a public hearing of the Board or its committees shall be given opportunity to speak if they wish to do so. Anyone wishing to address the Board or its committees at a public hearing shall complete and submit a speaker's form provided by the Board. Speakers on each item shall be called by the hearing chairperson in the order that the speakers' forms are submitted, with the exception that public officials and the sponsor of the proposal or the sponsor's representative, will be allowed to speak first. Only one person may speak at a time.
All persons who address the Board must do so at the front of the hearing room. Each speaker shall have five minutes to present views either in favor or against the proposal and/or raise questions. Board members may question a speaker at the end of his/her allotted time. At the discretion of the hearing chair, only members of the Board may question a speaker.
For public hearings on site-specific proposals (as opposed to general informational hearings) the hearing chairperson shall allow alternating thirty-minute periods for speakers in favor of the proposal and for speakers against the proposal to present views and/or to raise questions until all persons in favor and against the proposal have had an opportunity to speak (at least once). Persons other than the proponent of the proposal or his/her representative may not speak more than once until all persons have had an opportunity to be heard. Yielding of time by persons who have not spoken to those persons who have already addressed the Board shall not be permitted.
The chairperson of the committee holding a hearing shall decide upon the date, time and location of the public hearing.
A quorum of a committee holding a public hearing shall consist of a majority of the committee's members.
The chairperson of the committee holding the hearing shall preside at the hearing. In his/her absence, the committee's vice-chairperson shall preside.
The First vice-Chairperson shall notify Board members at least seven calendar days in advance of all Board and committee public hearings. Invitations to hearings shall be sent to community organizations, governmental agencies, public officials and other interested parties, including the press, as deemed appropriate by the chairperson of the committee holding the hearing.
The record of a public hearing on all matters except land use shall consist of minutes, a list of speakers' names and affiliations, if any, a notation on a form provided for that purpose of each speaker's own indication of support or opposition to the application/proposal, and any other written statements offered by speakers. The chairperson shall keep a record of public hearings thereof, or by a recording secretary especially appointed for that purpose.
Committees shall report on public hearings held during the preceding month at regular Board meetings as part of written committee reports.
Public hearings of the Board or its committees shall be advertised in at least one issue of a local newspaper having borough-wide distribution as required by law.
Public hearings of the Board shall be held at a convenient place of public assembly chosen by the chairperson of the committee holding the hearing.
This section and all sections in this article shall govern the Board's processing of all land use matters referred to it under the Uniform Land Use Review Procedure (U.L.U.R.P.) or under any other provision of the City Charter or law, including applications for zoning variances or special permits under the jurisdiction of the Board of Standards and Appeals.
All applications on land use matters shall be duly recorded when received by the First vice-Chairperson and promptly thereafter referred to the chairperson of the Land Use Committee and interested area committees with advice as to when Board action is required to be taken in connection with such application.
The Land Use chairperson and interested area committee(s), after receiving the application, shall consult with members of the committee(s) and/or hold a committee meeting(s) and upon the recommendation of the majority of the committee(s) shall formulate a recommendation for action (e.g., hearing; waiver) by the Board. In the event that a hearing and recommendation is required or deemed advisable, a hearing will be schedule in accordance with this Article.
Except as provided in Section 5 below, within sixty calendar days after receipt of a completed land use application, the Board will hold (or waive) a public hearing and will adopt and submit a written recommendation (or written waiver) concerning such application to the referring agency.
In the case of a proposed lease of property by, or to, the City of New York, which does not involve a substantial land use interest, the Board may waive holding a public hearing and the preparation of a written recommendation by a majority vote of the members in attendance at a regular or special meeting of the Board which has been open to the public. When the Board chooses to hold a hearing and prepare a written recommendation on a proposed lease, such hearing shall be held and such recommendation shall be submitted within thirty calendar days after the Board's receipt of such application from the Department of City Planning.
Public hearings on land use matters shall require the presence of at least twenty percent of the appointed members of the Board, but in no event fewer than seven such members. The hearing minutes shall record the names of the members present.
Public notice of the time, date, place, location and subject of a Land Use public hearing shall be prepared and sent under the coordination of the First vice-Chairperson and shall be given by publication in the “City Record” for the ten days immediately preceding said hearing, and by publication in the “Comprehensive City Planning Calendar” distributed not less than ten calendar days prior to the date of the hearing (this last provision applies only to actions that result in acquisition of property by the City, whether by condemnation or otherwise); and, by publication in at least one local newspaper having borough-wide distribution as required by law.
The record of a Land Use public hearing shall consist of a tape recording of the proceedings, minutes, a list of speakers' names and affiliations, if any, a notation of each speaker's own indication, on a form provided by the Board for that purpose, of support for or opposition to the application and any exhibits or written statements offered by speakers.
After a public hearing on a land use matter has been held, or if a public hearing and recommendation by the Board is to be waived, the Land Use Committee shall review the data collected by committee members and/or hearing records and shall prepare a final report which shall include a summary description of the application and affected property; date(s) of committee meetings; the names of participants, and the nature of their discussion; date(s) and location(s) of public hearing(s), and the nature of the statements made by hearing participants (in favor or against the proposal); date(s) and the names of participants in attendance at the committee meeting at which a final recommendation is formulated by the Land Use Committee and interested area committee(s), and the basis of the recommendations.
The adoption of a final Land Use committee report and recommendation by the Board, or the waiver of a public hearing and recommendation by the Board, shall be by pubic vote which results in approval by a majority of the appointed Board members present during the presence of a quorum at a duly called meeting of the Board which has been open to the public.
The Board in accordance with Section 4.070 of the Uniform Land Use Review Procedure shall take Appeals of Board of Standards and Appeals decisions.
No letters, reports, memoranda, forms, advertisements, notices and other Board documents shall be officially sent on behalf of the Board without the prior knowledge and/or signature of the Chairperson. Committees of the Board may send correspondence concerning committee business without prior clearance from the Chairperson of the Board and without purporting to indicate that it is reflecting Board action or representing the Board, but copies of all such correspondence shall be directed to the Chairperson and to the Secretary.
Letters, reports, memoranda, forms, advertisements and bills and notices concerning the Board shall be brought to the attention of the Chairperson prior to acknowledgement.
No member, officer, non-board member, committee person or Board employee shall spend, commit to spend or approve disbursements of Board appropriations except for the Chairperson or Treasurer, who shall be empowered to spend up to $250.00 of any one budget line. The Executive Committee shall approve by the full Board or any expenditure in excess of $250.00 up to a maximum of $1,000.00 of any one budget line. Any expenditure in excess of $1,000.00 shall be approved by the full Board pursuant to an adopted resolution of the Board. All Board expenditures shall remain within total amounts budgeted and/or contributed therefore. Written approval (signatures) of the Chairperson or Treasurer shall be required prior to payment of Board expenditure, regardless of amount.
The Chairperson shall appoint a Parliamentarian. The Parliamentarian shall provide advice on all matters pertaining to these rules, the current edition of Robert's Rules of Order, the City Charter, any other statutes and ordinances pertaining to the Board and any other rules that the Board may, from time to time, adopt.
Amendment to the rules of procedure may be proposed by the Executive Committee or by a member of the Board at a regular Board meeting: such amendments shall be referred to the Rules and Legislative Affairs committee which shall provide the Board members with advance notification that an amendment to these rules is pending, and shall make a report to the Board at the next regular meeting at which time such amendment shall be subject to adoption by a majority vote of the members present and voting.
All recommendations for re-appointment to the Community Board must first come before the Executive Committee for review and a majority vote. In the event of a tied vote, the board chairperson will make the final determination. The Borough President mandates that the Board provide up to date and accurate records of all Board Members' required attendance at committee and full board meetings.
Every board staff member and board member that offers a personal opinion should specify, “in my personal opinion,” when commenting on a matter, other than board policy. If it is a new item that has not been before the board then it should be indicated that the board has not yet voted on it and no official position has been taken.