BYLAWS OF
ADVISORY
NEIGHBORHOOD
COMMISSION
6B
Approved: March 23, 1982
Amended: March 23, 1984
Amended: January 27, 1992
Amended: January 11, 1994
Amended: April 12, 1994
Amended: March 14, 1995
Amended: May 9, 1995
Amended: June 13, 1995
Amended: October 8, 2002
Amended: May 12, 2009
Table
of Contents
ARTICLE II. COMMISSION AREA & OFFICE
SECTION 1. THE COMMISSION AREA
SECTION 2. THE COMMISSION OFFICE
SECTION 1. ADVICE TO THE D.C. GOVERNMENT
SECTION 2. GENERAL POWER TO ADVISE
SECTION 3. INITIATION OF PROPOSALS
SECTION 4. MONITORING OF CITIZEN COMPLAINTS
SECTION 4. COMPENSATION OF MEMBERS
SECTION 6. CONFLICTS OF INTEREST
SECTION 3. REMOVAL OR VACANCIESRemoval or Vacancies
SECTION 4. LIMITATION OF TENURE OF CHAIR
SECTION 5. DUTIES OF THE CHAIR
SECTION 6. DUTIES OF THE VICE-CHAIR
SECTION 7. DUTIES OF THE SECRETARY
SECTION 8. DUTIES OF TREASURER
SECTION 9. DUTIES OF PARLIAMENTARIAN
ARTICLE VI. RELATIONS WITH THE D. C. GOVERNMENT
SECTION 3. DISTRIBUTION OF NOTICE FROM THE DISTRICT
GOVERNMENT
SECTION 4. COMMITTEE ACTION ON NOTICE
SECTION 5. COMMISSION ACTION ON NOTICES
SECTION 6. MEMBER REQUESTS FOR COMMISSION INITIATION OF
ACTION
SECTION 7. PROPOSALS AND REQUESTS FROM COMMUNITY
RESIDENTS
SECTION 8. COMMISSION REACTION TO PROPOSALS
ARTICLE VII. COMMISSION MEETINGS
SECTION 1. MEETINGS OPEN TO PUBLIC
SECTION 7. DISSEMINATION OF INFORMATION, COMMUNITY
INVOLVEMENT
ARTICLE VIII. MEETINGS WITH OTHER COMMISSIONS
SECTION 2. AUTHORIZATION REQUIRED
ARTICLE IX. EXECUTIVE COMMITTEE
SECTION 1. COMMITTEES TO BE ESTABLISHED
SECTION 3. RESIDENTS AS COMMITTEE MEMBERS
SECTION 4. TERM OF OFFICE; REMOVAL FOR GOOD CAUSE
SECTION 9. RESPONSIBILITIES OF DESIGNATED COMMITTEES
SECTION 10. COMMITTEE MEMBERS AS SPOKESPERSONS FOR THE
COMMISSION
SECTION 2. QUARTERLY FINANCIAL REPORTS
SECTION 3. ANNUAL FINANCIAL REPORT
SECTION 5. EXPENDITURE OF FUNDS
SECTION 6. AUTHORIZATION TO SIGN DRAFTS
ARTICLE XII. PARLIAMENTARY AUTHORITY
SECTION 2. GENERAL QUALIFICATIONS
SECTION 4. INCORPORATION
PROHIBITED
ARTICLE XV. AMENDMENT Of BYLAWS
SECTION 1. POLICY ON THE USE OF FUNDS
SECTION 2. PRIORITIES FOR THE USE
OF COMMISSION FUNDS
SECTION 3. PROCEDURE FOR THE
CONSIDERATION OF GRANT REQUESTS
SECTION 4. CRITERIA FOR
CONSIDERATION OF GRANT REQUESTS
SECTION 6. INFORMATION FOR GRANT
APPLICANTS
BYLAWS OF ADVISORY NEIGHBORHOOD COMMISSION 6B
There is established by the Council of the District of Columbia,
"The Capitol Hill, Near Southeast Advisory Neighborhood Commission
6B," which shall be referred to herein as "the Commission" or
"the ANC."
§1 The area of Washington, in the District of Columbia, represented by Advisory Neighborhood Commission 6B is the area bound as follows (all streets are in the Southeast quadrant unless otherwise designated): Beginning at the center of the United States Capitol Building at the intersection of two imaginary lines extending and joining East Capitol Street and South Capitol Street; East on East Capitol Street to 11th Street; South on 11th Street to East Capitol Street; East on East Capitol Street to 13th Street; North on 13th Street to East Capitol Street; East on East Capitol Street to the Anacostia River; Southeast on the Anacostia River to 11th Street; North on 11th Street to M Street; West on M Street to 7th Street; North on 7th Street to the Southeast Expressway; Northwest on the Southeast Expressway to South Capitol Street; North on South Capitol Street to the center of the United States Capitol Building.
Add a map of the area
§2 This area
shall be referred to herein as "the Commission area"
The office of the Commission shall be located at 921 Pennsylvania
Avenue S.E., Suite 108 Washington, D.C. 20003, or at a location to be selected
by the Commission.
§1 The Commission may
advise the Council of the District of Columbia, the Mayor and each executive
agency and all independent agencies, boards and commissions of the government
of the District of Columbia, with respect to all proposed matters of District
governmental policy including decisions regarding planning, streets,
recreation, social service programs, education, health, safety, and sanitation
that affect the Commission area. "Proposed matters of District governmental
policy" are those for which prior notice of proposed rule-making is
required pursuant to D.C. Code 1-1505 (a) or in the case of the Council of the
District of Columbia, Section 204 (f) (1) of D.C. Law 1-21.
§2 Proposed
District governmental action about which the Commission shall receive notice
and have the opportunity to comment shall include, but shall not be limited to
actions of the Council of the District of Columbia, the executive branch or
independent agencies. The Commission may advise each agency, board and
commission regarding the award of any grant funds to a citizen organization or
group, the formulation of any final policy decision or guideline with respect
to grant application, comprehensive plans, requested or proposed zoning
changes, variances, public improvements, licenses, or permits affecting the
Commission area, the District budget and city goals and priorities, proposed
changes in District government service delivery and the opening or closing of
any facility or system.
The Commission may present its views to any federal or District of
Columbia agency.
The Commission may initiate its own proposals for District of Columbia
government action, in the manner set out in Article VI of these bylaws.
The Commission shall monitor, in accordance with the provisions of
Article VI, complaints of Commission area residents with respect to the
delivery of District of Columbia government services and file comments on such
services with the appropriate agency or body of the District of Columbia
government as well as with the District of Columbia City Council. Comments may
be submitted either on behalf of a Single Member District by that District's
representative or by the Commission as a whole. Any comments submitted on
behalf of the Commission as a whole shall be approved by the Commission in
the manner set out in Article VI of these bylaws.
§1 On or before
November 30 of each year, the Commission may prepare an annual report for the
preceding year and file it with the Council of the District of Columbia and the
Mayor. Such report shall include the Commission’s financial report and may
include but not be limited to: 1) summaries of important problems perceived by
the Commission and the order of their priority; 2) recommendations for action
to be taken by the government of the District of Columbia; 3) recommendations
for improvements in the operation of the commission and the ANC system as a
whole; and 4) a summary of Commission’s activities.
§2 Minority
views, if any, shall be included in the official report.
The Commission shall be composed of those persons duly elected and
certified by the District of Columbia Board of Elections and Ethics as
representatives of Single Member Districts within the Commission area.
Each member of the Commission shall serve for a term of two years that
shall begin at noon on the second day of January next following the date of
election of such member, or at noon on the day after the date the Board of
Elections and Ethics certifies the election of such member, whichever is later.
Any vacancy in office due to death, resignation, failure to maintain
the qualifications for office under Section 6 (a) of D.C. Law 1-11 or removal
shall be filled in accordance with provisions of D.C. Law 1-21, as amended.
The members shall serve without compensation; however, appropriate
expenses incurred by members may be reimbursed by the Commission upon
authorization as set out in Article XI, Section 5 of these bylaws.
§1 The Secretary or
Commission staff as delegated by the Secretary shall keep a record of the
attendance of each Commission meeting.
§2 Any
Commissioner who fails to attend four (4) consecutive regularly scheduled
meetings as defined in Article VII of these bylaws is automatically subject to
sanctions. A letter detailing the infraction shall be drafted and signed by
the Chair, and offered for publication to the local media and noted in the ANC
Annual Report for the public record.
The District of
Columbia's conflict of interest restrictions (1-1181 D.C. Code, 1977
Supplement) shall apply to all Commissioners.
A Commissioner shall not pursue ANC activities that would result in
direct or indirect financial or personal gain for such Commissioner, or anyone
in his/her household. The Commission shall not employ or contract for services
a Commissioner or anyone in his/her household.
§1 The officers of the
Commission shall be the Chair, Vice-Chair, Secretary, Treasurer and
Parliamentarian. Each officer of the Commission must be a Commissioner.
§2 Officers shall be elected in
January of each year.
§3 The term of
office shall begin immediately and shall run for one year, provided that each
officer shall serve until his or her successor has been elected.
§1 Election of
officers shall take place during a regular Commission meeting. The order of
nomination and election shall be Chair, Vice Chair, Secretary, Treasurer, and
Parliamentarian. The election for each office shall take place before
nominations for the following office are opened. Voting shall be by Commissioners only and
votes shall be indicated by an open ballot.
The votes of a majority of the Commissioners present shall be required
for election. If no candidate receives the required number of votes on the
first vote, a second vote shall be taken among candidates except the candidate
receiving the lowest number of votes on the first vote. This procedure shall
continue until one candidate receives the required majority.
§2 Each candidate
for office shall be nominated by a Commissioner. Each nomination may be
seconded by another Commissioner. There shall be permitted nominating and
seconding speeches, if desired, totaling no longer than five minutes in
duration. After these speeches, each
candidate for that office may make a brief statement of no more than 3
minutes.
§1 In the case of
vacancies among officers, except for a vacancy of the office of Treasurer, a
new officer shall be elected to serve out the term of the officer vacating his
or her position at the next regular meeting of the Commission. The election
shall be held in accordance with the procedure set out in Section 2 of this
Article.
§2 In the event of a vacancy in the
office of Treasurer a special meeting of the Commission shall be held within 10
days of such vacancy to select a new Treasurer, unless a regular meeting is to
be held within 14 days. The election shall be held in accordance with the
procedure set out in Section 2 of this Article.
§3 An officer of
the Commission may be removed for good cause by a vote of two-thirds of the
membership of the Commission. Prior written notice, of at least 14 days, shall
be given to all Commissioners of the proposed removal. (See statutory
provisions for removal).
No member may serve as the Chair of the Commission for more than two
consecutive one-year terms.
§1 The Chair shall
serve as convener of the Commission and shall chair Commission meetings. The
Chair shall rule on procedural questions from the chair, but such rulings may
be overturned by a two thirds vote of the Commission. The Chair shall have the
power to call special meetings of the Commission and of the Executive Committee
but only in accordance with the provision of Article VII of these bylaws.
§2 The Chair shall be responsible for
the overall smooth functioning of the Commission and shall bring to the
Commission's attention promptly any problems relating to structure, procedures
or members.
§3 The Chair may,
but only in extreme emergencies in which it is impossible to call together the
Commission or the Executive Committee, act as the Commission's spokesperson
without prior authorization of the Commission. The Chair shall report to the
Commission, at its next meeting, any such action taken under this emergency
power.
§1 The Vice-Chair
shall fulfill the obligations of the Chair in the absence of the Chair or when
the Chair wishes to give up the chair.
§2 The Vice-Chair
shall provide such assistance to the Chair as is requested and shall perform
such duties as may be delegated by the Chair.
§1 The Secretary shall
be responsible for notification to Commissioners of the Commission and
Executive Committee meetings, preparation of the minutes of all Commission
meetings, and distribution of copies of minutes to all members of the
Commission.
§2 The Secretary shall be responsible
for maintenance of all records of Commission activities at the Commission's
offices, including minutes of all Commission meetings.
§3 The Secretary shall conduct the
general correspondence of the Commission, including all correspondence with the
government of the District of Columbia as required by Article VI Section 3 of
these bylaws. The Secretary shall, in
particular, be responsible (in consultation with the Chair) for the
distribution of all notices from the District of Columbia government to the
appropriate Commissioners and committee(s).
§4 The Secretary
shall keep accurate records of all notices received by the Commission from the
District of Columbia government and Commission responses to such notices,
correspondence from citizens, to the Commission and Commission responses thereto,
and Commission-initiated correspondence to the District of Columbia government
and responses thereto.
§5 The Secretary shall
also perform such other duties as the Chair may direct.
§6 With
appropriate oversight, the Secretary may delegate duties specified in Section 7
to the Commission staff, as needed.
§1 The Treasurer shall
be responsible for keeping, at the office of the Commission, the Commissions
account book, developing the Commission's budget and annual and quarterly
financial reports, and approving the expenditure of Commission funds as
authorized by the Commission, as set out in Article XI of these bylaws.
§2 The Treasurer shall file with the
office of the District of Columbia Auditor on a form provided by the Auditor a
statement giving: a) the Treasurer's name; b) home address; c) business
telephone; d) business address; e) home telephone number; f) location of the books
and records of the Commission; and g) name and location of each depository of
Commission funds.
§3 The Treasurer shall be responsible for timely preparation and filing of all employer tax returns required by the Federal Government, including quarterly Forms 941 and the annual Form 940. The Treasurer shall also be responsible for preparation and timely filing of all tax returns required by the District of Columbia Government, including quarterly UC 30 and the annual UC 900. Additionally, the Treasurer shall be responsible for timely preparation and filing of all other employee information forms and returns, such as the W2 and W3.
§4 The Treasurer
shall also perform other such duties as the Chair may direct.
§1 The Parliamentarian
shall be responsible for knowing and understanding the basic tenets of these
bylaws and shall assist the Chair in their execution in an orderly fashion.
§2 The
Parliamentarian shall also perform other such duties as the Chair may direct.
The Chair and the Treasurer shall be bonded; however, membership in the
Advisory Neighborhood Commission Security Fund shall serve in place of a bond.
§1 Each Commission
member may freely represent himself/herself and his/her Single Member District.
However, the Commissioner representing him or herself in the capacity of an
individual citizen or as the representative of his/her Single Member District
before any body of the legislative or executive branch of the government or any
agent of those branches shall present that testimony or representation to the
ANC body. A written summary of that meeting, testimony, or a copy of any letter
shall be made available to the ANC office for distribution to the full Commission.
§2 When testifying before an external
governmental or community body as an individual citizen or as a constituent
representative of his/her Single Member District, that Commissioner must state
for the record that he/she is not representing the Commission so as to minimize
the possibility of conflicting representational roles, stating for that agency's
record whether his/her views are contrary to the official ANC position, or
stating that the ANC does not currently record a position, whichever the case.
§3 However, no Commissioner may
purport to speak on behalf of the Commission unless so designated by the Commission
at an official meeting. If the hearing
for which the desired testimony or representation is slated will occur before
the next regular Commission meeting, the Chair may appoint a spokesperson.
§4 A Commissioner may not utilize
official ANC letterhead stationary when conducting business with an external
governmental or community body, or even for SMD purposes except with the
implicit understanding that copies of that correspondence be made available to
the ANC office files.
§5 A section
shall be reserved on the ANC regular meeting agenda to accommodate
notifications and updates regarding action of external committees, task forces,
and individual Commissioner testimonies before external governmental or
community bodies.
§1 Regular Procedure: Before a
Commissioner or other person may testify on behalf of or represent the
Commission before the City Council or any other agency or any public or private
organization, the Commission shall first approve a resolution addressing the
issues to be covered by the testimony or representation. Official
representatives of the Commission are bound by the stated positions of the ANC
and thus any Commissioner who is currently serving as ANC representative to a
governmental or community task force or any other official body outside the
Commission, who has gone on record in a minority vote opposing the official
majority of the ANC shall be charged to resign his/her seat on that task force
or external body if he/she cannot faithfully represent the ANC’s position. A
new ANC representative would then be appointed from among those Commissioners
who did officially support that ANC position. However, a two-thirds vote of a
seated quorum may allow that ANC representative to retain that external seat
provided a commitment to conscientiously support the ANC position is given.
§2 Emergency Procedure: If the
hearing for which the desired testimony is slated or representation before a
government or community body will occur before the next regular Commission
meeting, the Commissioner or other person wishing to testify or represent
himself/herself on the Commission's behalf, shall submit a draft of the
proposed testimony or representation to the Executive Committee, whose vote to
authorize the testimony shall be governing. The Executive Committee shall
present the draft testimony or a written statement of the content of his/her representation—whether
authorized by the Executive Committee or not—at the Commission's next regular
meeting, for ratification or recision by the Commission.
§3 Sanctions: In so much as these
rules for Commission procedures rest on the good faith of each Commissioner,
infractions of these rules should be recognized and remedied in the best interests
of the Commission body as a whole. Should a suspected infraction be incurred by
the willful or negligent performance of a Commissioner serving on, testifying to,
or in any way representing the ANC to an external governmental or community
body and be called to the Commission's notice, the matter should be referred to
the Chair for full discipline, to the Parliamentarian for a procedural check,
and then to the Executive Committee and full Commission in a fact-finding and
rectification process with accompanying documentation.
§4 Once it has been established to
the Commission by a binding majority of a quorum that an infraction has been
incurred by a Commissioner according to these by-laws, a letter should then be
drafted by the Chair detailing the infraction, signed by all assenting
Commissioners, and offered for publication to the local media and the ANC
Annual Report for the public record.
§5 The censured Commissioner shall be
immediately removed from his or her seat as ANC representative on that external
governmental or community body, whence the infraction did occur. However, a two-thirds vote of a seated quorum
may allow that ANC representative to retain that external seat provided a
commitment to conscientiously support the ANC position is given.
§6 Should the
majority vote of the Commission quorum determine that no infraction has
occurred, accordingly, a letter drafted by the Chair shall detail the charges
and extend full exoneration to the accused Commissioner and should be included
in the ANC Annual Report for the public record.
Any notification of proposed action of the District of Columbia
government shall be transmitted to the Secretary or the Commission staff who
will distribute the notice to the appropriate officer(s), Commissioner(s) and
committee(s), as soon as possible. All notices and referrals shall be made
available in the Commission office.
§1 Each committee
receiving notification of proposed action (in accordance with Section 3 of this
Article) shall, in a timely fashion and to the extent required, recommend in
writing the action the Commission should take, if any. Prior to the meeting at
which the committee's recommendation shall be heard, the committee chair will
notify the Commission Chair that the committee will propose the recommendation.
§2 In developing such
recommendations, the committee will undertake, to the maximum extent feasible,
to learn the factual context of the proposed action, any legal requirements in
respect to such action, and community views on the proposed action. In making
its recommendation, the committee shall specifically identify committee members
present and voting, the Single Member District of each of these members and its
efforts to ascertain community views.
§3 Any committee
recommendation(s) shall be made available to all Commissioners prior to the start
of the Commission meeting at which the recommendation(s) is to be heard.
Within 30 days of receiving a notification from the District government
of proposed actions or proposed final policy decisions or guidelines, the
Commission shall forward its written recommendations with respect to the
proposed actions or a statement that it has no recommendation, to the
appropriate officials, board, agency or commission. The views of the residents
shall be taken into account in developing the Commission’s recommendations.
§1 Any Commission
member who wishes the Commission to oppose a District of Columbia government
action shall transmit such request to the Chair prior to the Executive Committee
meeting at which the agenda for next scheduled Commission meeting will be set,
except that in situations where time does not allow for such notification,
requests shall be transmitted to the Chair, as soon thereafter as possible. In
the latter situation, the procedures specified in Article VII, Section 11 for
adding new matters to the agenda shall govern.
§2 Proposals and
requests for action from Commissioners shall be placed on the agenda for the
next Commission meeting, unless the Chair and member requesting action agree
that the proposal or request may be referred directly to a committee. The
Commission may, at the meeting at which such a member's request for action is
on the agenda, either act on the request or refer the request to committee.
§1 Proposals for
action, complaints or suggestions by residents may be made to the resident's
Commissioner, or to the Commission as a whole.
§2 Proposals, complaints,
suggestions and requests by residents may also be made at public forums or
Commission meetings, in which case they may be referred to the appropriate
committee or to Commission staff for review and recommendation to the
Commission at a later meeting.
When the Commission acts to support the recommendation or request for
action proposed by a member or a resident, this shall be communicated in
writing to the appropriate agency, board or commission.
Pursuant to the provisions of Section 742(a) of the District of
Columbia Self-Government and Governmental Reorganization Act, all meetings of
the Commission shall be open to the public.
No official action of the Commission may be taken unless a majority of
the members of the Commission are present.
The Commission may convene the residents of the Commission from
time-to-time to hear residents views on problems in the Commission area and on
proposed District of Columbia actions affecting the area. A period of time
shall be set-aside at each regular meeting to hear residents views.
The Commission shall
generally meet at regular intervals not fewer than nine times a year, and
generally meet a least once a month at a fixed day and time to be determined by
a majority vote of the Commissioners to consider matters before the Commission
which may include but not be limited to consideration of actions or proposed
actions of the Council of the District of Columbia, the executive branch or any
independent agency, board or commission and recommendations of the Commission
about such actions. If any such regularly scheduled meeting must be changed due
to a holiday, emergency situation or other reason, the day and time of the
rescheduled meeting shall be set by the Executive Committee. The Secretary or
Commission staff shall notify the Commission members of the meeting as
rescheduled.
Meetings will be held at a place set and established by Advisory
Neighborhood Commission 6B, which shall be within the boundaries of the
Commission, unless otherwise ordered by the Commission pursuant to Section 9 of
this Article.
The Commission shall provide no fewer than seven days notice of its Commission meetings, except where shorter notice for good cause is necessary or in the case of an emergency. Notice may be given by posting the information on the Commission’s website, providing notice to local newspapers for publication, email or mail notices to residents and any other manner as directed by the Commission.
The Commission shall establish such mechanisms as will insure the
broadest dissemination of information with respect to Commission meetings,
positions and actions. The Commission shall make a good faith effort to involve
all segments of the Commission population in its deliberations regardless of
race, sex, age, voting status, religion or economic status.
Special meetings of the Commission can be called by the Chair or by the
Executive Committee or by written request of one-fourth of the Commissioners.
Except in extreme emergencies, at least four days notice must be given to
Commissioners. All notices to the residents of the Commission area shall
meet the requirements of Section 6 of this Article. The day, time, place and purpose of the
meeting shall be stated in the notice and no other topic may be discussed at
the meeting.
§1 Commission actions,
except for amending these bylaws, shall be approved by a simple majority of
those Commissioners voting. In the case of a tie vote, the motion for
Commission action shall fail.
§2 Each Commissioner, including the
Chair, present at a Commission meeting shall have one vote. Absent
Commissioners may vote only by delivering to the Chair a written request that
the Chair cast the Commissioner's vote on an issue specifically identified in
the request, in the manner specifically set out in the request. If at any time
a Commissioner feels that a particular matter before the Commission is of such
significance so as to warrant a record vote, such a vote may be ordered by the
Chair and the result shall be recorded in the minutes.
§3 As promptly as
feasible after a vote of the Commission body has been taken considering actions
or proposed actions of the Council of the District of Columbia, the executive
branch or any independent agency, board or commission, said position must be
detailed in writing and signed by the Chair. The officially recorded quorum
vote shall be noted in the ANC position letter.
The agenda for Commission Meetings and Community Forums shall be
initiated by the Executive Committee not fewer than seven (7) days preceding
the next scheduled meeting or forum, except where shorter time for good cause
is necessary or in the case of an emergency, in the manner provided for by
Article IX, Section 4. The Chair, with
the concurrence of a majority of the executive officers, shall finalize the
agenda prior to its publication. A
written agenda shall be provided to Commissioners, and notice of the agenda
shall be provided to residents in the manner specified by Article VII, Section
6. Additional matters, upon which Commission
action is proposed, may be added after publication of the written agenda upon
the request of any Commissioner; provided however that a majority vote of all
Commissioners present shall be required. Normally, only those matters requiring
action prior to the date of the next regularly scheduled Commission meeting
should be added to the agenda pursuant to this procedure. Nothing contained in
this section shall affect the procedures specified in Article VII, Section 8 or
in Article IX, Section 5.
The Commission may hold joint meetings with other Commissions to deal
more effectively with or to respond to similar concerns or issues transcending
and affecting areas of the Commissions meeting jointly, as well as for
informational proposes.
§1 The Commission may
not participate in a joint commission meeting unless, prior to such meeting,
the Commission has authorized said participation, and has specifically stated
in its authorizing resolution: 1)the subject matter of the meeting; 2) the
Commission's position on the subject matter of the meeting, or a statement that
the Commission has not yet formulated a position; and 3) the manner in which
the Commission will agree to vote at the joint meeting: that is whether a
majority vote of the members of all Commissioners attending will bind
Commission 6B or whether the Commission reserves its right not to be bound by
any vote of the joint commission but rather to take its own vote after the
joint meeting.
§2 Unless
specifically provided in the authorizing resolution, the Commission may not
participate as a commission in any discussion or action by a joint commission
meeting, other than that specified in the resolution approving the Commission's
participation.
All joint commission meetings shall be open to the public, and at least
14 days' notice shall be given of such meetings in accordance with Article VII,
Section 6 specifying the date, time, place, and subject matter of the joint
meeting.
Discussions and voting at joint commission meetings shall be limited to
Commissioners.
There is established the Executive Committee of Advisory Neighborhood
Commission 6B.
The Executive Committee shall consist of the following elected offices
of the Commission: Chair, Vice-Chair, Secretary, Treasurer and Parliamentarian.
Notwithstanding the provision of Section 2 of this Article, any
Commissioner present at an Executive Committee meeting shall be entitled to
vote.
The Executive Committee shall meet at least monthly at the call of the
Chair or the request of any two members of the Executive Committee. The time
and day of the meetings shall be determined by members of the Committee but
shall be fixed so as to accommodate the planning of agendas for full Commission
meetings, in accordance with the Committee's responsibilities as provided in
Article VII, Section 10.
The Executive Committee shall have the power to act with the full
authority of the Commission only in emergency situations. Commission and
Executive Committee meetings may be called simultaneously for the same date,
time and place so that if a Commission quorum is not achieved the Executive
Committee may act. All notices of meetings in such emergency situations must
include the purpose of the meeting, in addition to the day, time and place. No
other topic may be discussed. The Executive Committee shall report on the
action taken at the next regularly scheduled meeting of the Commission.
All meetings of the Executive Committee shall be open to all members of
the Commission and to the public.
All meetings of the Executive Committee shall be governed by the
provisions of these bylaws to the extent applicable.
Vacancies on the Executive Committee shall be filled as promptly as
possible in accordance with the provision of Article V Section 3 of these
bylaws.
A majority of the members of the Executive Committee shall constitute a
quorum.
The ANC shall have the following standing committees: a) Alcohol Beverage
Control Committee, b) Planning and Zoning Committee, and c) any such standing committees and task forces
as the Commission, by resolution, may establish provided that any resolution creating a task force expires after
one-year.
§1 Membership in Standing Committees shall be composed of Commissioners and Resident Members (as described in Article X, Section 3). Each SMD shall be limited to one vote, to be cast by the Commissioner or by the Resident Member if the Commissioner is not present. On any issue relating to a particular SMD, both the Commissioner for that SMD and the Resident Member may vote. The chairperson on the committee must be a Commissioner and not a Resident Member. Any Commissioner may participate in any Standing Committee or Task Force of the Commission.
§2 Temporary chairs of all standing
committees and task forces shall be appointed by the Chair of the Commission,
subject to ratification by the Commission; such temporary appointments shall
not extend beyond two months.
§3 Permanent chairs of all standing committees and task forces shall be elected by the Commission. A temporary chair is eligible for election as permanent chair. The permanent chair of the committee may select a committee vice chair.
§4 Upon prior
written notice to the Chair of a standing committee or task force, such chair
may be removed by the Commission for good cause shown, including failure to
call or regularly attend meetings of that committee or task force without
adequate justification.
The resident membership of each standing and special committee shall
include only persons residing within the Commission area. Any resident desiring
to become a member of any committee shall inform any Commissioner or Commission
staff person, who shall promptly notify the Commission thereof. The Commission
shall act upon the resident's application at the regular Committee meeting
next following such notification and, if approved, the resident shall thereupon
become a full voting member of the committee. There shall be a limit of one
resident voting member for each SMD on any standing committee, although any
resident may participate in the committee meetings. The Commission may appoint alternative
resident committee members in the event a voting resident member is not present
at the meeting.
§1 Each Chair of a
Committee, whether resident or Commissioner, shall serve for one year, from
February to February, provided that each chair shall serve until his or her
successor has been selected by the Commission. A committee chair is eligible
for reappointment.
§2 The Commission
may upon prior written notice to a resident committee member, remove such
resident member from membership for good cause shown, including failure to
regularly attend meetings of that committee without adequate justification.
§1 Each committee must have a Chair and may have a vice chair. The
Chair and Vice Chair of each committee shall be selected in the manner provided
by Section 2 of this Article.
Each committee may only act by a majority vote by members present and
voting.
Each committee and the Commission shall have the right to create, as
needed, subcommittees and task forces, respectively. Membership of
subcommittees is not limited to membership of the parent committee. The
committee may, by resolution, empower a subcommittee to act as a full committee
on a specified issue.
§1 Notice of all
non-Executive committee, subcommittee and task force meetings must be given in
accordance with Article VII, Section 6 to all Commissioners (regardless of
their membership on the committee, etc.) and all committee, subcommittee and
task force members and residents at least seven days prior to the scheduled
meeting, except where shorter notice for good cause is necessary or in the case
of an emergency. The notice shall
include, if practicable, a list of proposed agenda items to be considered at
the meeting.
§2 All committee
and subcommittee meetings shall be open to all Commissioners and to the public.
§1 The committees
listed in Section 1 of this Article or any additional committees the Commission
designates shall be responsible in accordance with the provisions of Article
VI of these bylaws for review of all notifications of proposed actions from the
District of Columbia government within their area of concern and for reporting
to the next Commission meeting; or such other meeting as the Commission may
designate a recommendation for action. This recommendation shall be in writing
and shall be available to all Commissioners at the beginning of the meeting at
which the recommendation will be presented.
§2 These
committees shall also be responsible, in accordance with the provisions of
Article VI, Section 4, for responding to any reference from the Commission of
proposed initiatives.
While committee members may ask for information and investigate on
behalf of the Commission they may not offer their opinions as those of the
Commission until the Commission has voted the recommendations of the committee.
Testimony by committee, subcommittee and task force members shall be subject
to the provision of Article VI, Section 2 of these bylaws.
No monies shall be obligated or spent without prior authorization by
the Commission in a public meeting.
Prior to notification of the ANC’s allotment from the District
government, an interim budget must be approved.
Once the ANC has been notified of the amount of the allotment, a final
budget must be submitted to the Executive Committee for tentative
approval. Subsequently, the proposed
budget, as tentatively approved by the Executive Committee, shall be posted on
the Commission’s website. The budget
shall be finally approved by the Commission at its next meeting, and the final
budget shall be submitted to the Council of the District of Columbia and to the
Mayor within 60 days of notification of the amount of the ANC’s allotment.
The Treasurer shall prepare, and the Commission shall approve, a
quarterly financial report within 45 days of the close of each fiscal quarter.
These reports shall be public documents and shall be available for public
inspection. The quarterly report shall be signed by the Treasurer and Chair and
attested to by the Secretary as having been approved by the Commission, and
shall be filed within fifteen days of approval by the Commission with the
District of Columbia Auditor.
The Treasurer shall prepare, and the Commission shall approve, an
annual financial report within 45 days of the close of each fiscal year. The
report shall a be public document and shall be available for public inspection.
The report shall be submitted as part of the Commission's annual report to the
Council of the District of Columbia and to the Mayor on or before November 30
of each year.
The Commission shall designate one or more financial institutions
within the District of Columbia as depositories of Commission funds by
resolution.
§1 All expenditures of
more than $50 and each expenditure for personnel shall be specifically
authorized by the Commission.
§2 Every
expenditure of funds shall be authorized in writing by the Treasurer and
recorded in the Commission's book of accounts
§3 No expenditure
whatsoever shall be made by the Commission during a vacancy in the office of
the Treasurer or at any time a current and accurate Treasurer's statement and
either a bond or consent to membership in the ANC Security Fund are not on file
with the District of Columbia Auditor.
The signature of either the Treasurer or the Chair, plus that of one
other elected officer of the Commission, shall be required on every draft or
order drawn on the Commission depositories. A draft or order signed by the
Chair and the Treasurer shall be in compliance with this section.
Robert's Rules of Order shall govern the Commission in all cases in
which they are not inconsistent with these bylaws or special rules of order the
Commission may adopt. The Commission shall elect a Parliamentarian in the
manner of and according to the procedures for election of officers as set forth
in Article V, Section 2.
The Commission shall establish position
descriptions for its employees. The employees of the Commission may be hired on
a full-time or part-time basis, and for an indefinite or definite term. Persons
hired by the Commission shall meet the qualifications established in the job
description.
All Commission employees who are paid shall be
residents of the District of Columbia, and preference will be given to persons
who are residents of the Commission area.
All employees of the Commission shall be hired
by the Commission and shall serve at the pleasure of the Commission.
The Commission may not solicit or accept funds
from a Federal or District Government agency or private source unless the funds
are specifically or previously authorized by resolution of the District of
Columbia Council or are in amounts that are exempted from this requirement for
Council authorization by DC law.
The Commission may pool its funds with other
commissions within Ward Six in accordance with agreements established by the
Commissions pooling funds.
Any Commission member may institute a legal
action in the courts of the District of Columbia or in the federal courts but
the Commission shall not have such power. Should the Commission, by majority
vote, determine that legal redress is required, it shall petition the Council
of District of Columbia through the DC Office of Advisory Neighborhood
Commissions, or any successor.
The Commission shall have no authority to
incorporate; however, no Commissioner may be held liable for action taken as an
elected representative from a Single Member District and/or a member of the
Commission.
The Commission shall file an up-to-date copy of
these bylaws, and all amendments thereto with the Council of District of
Columbia within seven days of their adoption.
These bylaws and all amendments thereto shall be
open to the public.
These bylaws shall be consistent with all
congressional and District of Columbia legislation and other applicable laws
regarding Advisory Neighborhood Commissions. Any provision inconsistent with
such laws is ineffective.
Revisions of these bylaws shall require a
two-thirds vote of the entire Commission to take effect, provided that each
Commissioner shall have at least two week's prior notice of the rules that are
to be recommended for change. Such notification shall include the original
language, the proposed new language and the reason for the suggested change(s).
§1
Funds made available to the Commission are to be used primarily for the
supporting services (staff salaries, office space, equipment, supplies,
reports, publications, etc.) required to discharge the advisory
responsibilities mandated by law, and to undertake the operation of limited
programs permitted by law.
§2 The Commission shall not regard itself as a governmental funding or
grant dispensing agency. It shall not be a regular source of funds to subsidize
a community group's operations and activities that group is pledged to
undertake by its articles of incorporation and operating budget.
No
Commission funds may be expended in a manner which violates the DC Code. The following uses shall be deemed the
priority uses of Commission funds:
a. internal administration shall take precedence
over all other uses (staff salaries; office rent; equipment; supplies; the
conducting of community forums; newsletter preparation and distribution, for
example);
b. the purchase of services from individuals and
organizations could include, but not be limited to, the following: the conduct
of research and special studies for decision-making purposes; distribution of
meeting notices or a special flyer beyond the capacity of voluntary efforts or
the polling of residents on specific questions;
c. the operation of programs initiated by the
commission and permitted by law;
d. initial support of coalitions established by
the Commission in concert with other groups through direct financial contribution
and in-kind resources for start-up and operational activities;
e. for self-help projects and neighborhood
enhancement efforts sponsored by block clubs or other small, unincorporated
groups Commission funds and in-kind resources may also be made available, if
warranted;
f. for participation in programs initiated by
other community groups funds may be appropriated, if permitted by law, provided
that: 1) the program is endorsed by the Commission; –2) the Commission will
have a voice in the conduct of the program
consonant with its financial contribution; and 3) the Commission has
control over the specific activities assigned to it or accepted by it;
g. during fundraising drives by established non profit community
organizations the Commission may make a one-time contribution provided that: 1)
the mission of the organization is supported by the Commission; 2) the
organization is community-based and serves a broad cross-section of the
Commission area; 3) the organization has
demonstrated a search for funding from
other sources including its membership in particular; 4) the
organization agrees to make its financial records available for inspection by
either the Commission or its designee; and
5) all requests for financial assistance are in writing.
§1
The decision to fund a grant request of more than $100 shall not be made at the
meeting in which the request is heard by the Commission.
§2 If the Chair deems a request worthy of consideration the request
shall be referred to Executive Committee for study, additional information and
a recommendation at a future Commission meeting.
The
following criteria shall be employed by the Commission to qualify a grant
request for funding:
a. is it legal under applicable laws and
regulations?
b. has the proposal been officially approved by
the organization's governing body?
c. what is the total anticipated costs of the
project, and has the sponsor demonstrated active consideration of all viable sources,
including the Commission?
d. what are the per capita costs for
participation: for training? for the work product when completed, etc.?
e. is the scope of the proposed project or
program sufficient to accomplish its stated purpose?
f. has sufficient lead time been provided?
g. if hiring is involved, how are employees to
be paid? (the Commission's policy shall be to avoid direct hire provisions,
and to approve payment on an end-product basis only, i.e., number of contacts
made or number of survey forms satisfactorily completed)
h. has the grant request been previously submitted, and if so, what was
the result?
No payment shall be made until proper
documentation, as may be required by the Commission, is furnished or unless the
requester agrees in writing as to what constitutes proper documentation and a
date by which it shall be provided.
The Commission shall provide a copy of this
Article or the sum and substance contained herein to each grant applicant.