(As
Amended Through July 11, 2005 )
ARTICLE I.
NAME
There is established by the
Council of the District of Columbia Advisory Neighborhood Commission 6D.
ARTICLE II. OBJECT
Section 1.A. The Commission my advise the Council of the District
of Columbia, the)"or and oath executive agency and all, independent
agencies, boards and commissions and the judiciary of the, government of the
District of Columbia with respect to all proposed matters of District
governmental policy including, but not limited to, decisions regarding
planning, streets, recreation, social service programs education health, safety
and sanitation which affect the Commission area. Proposed actions of the
District government policy shall be the same as those for which prior notice of
proposed rule-making is Code 1-1505(a) or as it pertains to the required
pursuant to D.C. Council of the District of Columbia
1.b.
Proposed District government actions that the Commission shall have the
opportunity to comment upon shall include but shall not be limited to actions
of the Council of the District of Columbia, the executive branch or independent
agency. 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
applications, Comprehensive plans, requested or proposed coming changes,
variances, public improvements*, licenses, or permits affecting said Commission
area, the District budget and city cools and priorities proposed changes in
District government service delivery and the opening of any proposed facility
system.
Section 2. The Commission
may present its views to any federal executive legislative, or judicial body,
and any District agency.
Section 3. The Commission
may initiate its own proposals for federal or District government action.
Section 4. The, commission
shall monitor complaints of Commission area residents with respect to
the delivery of District government services and file comments on same with the
appropriate District government entity as well as the Council
Section 5. On or before November 30 of each year, the
Commission shall file an annual report with the Council of the District of and
the Mayor for the preceding fiscal year. Such report shall include but shall
not be limited to:
1) summaries
of important problems perceived by the Commission
and
in order of their priority,
2) recommendations
for actions to be taken by the federal or District government,
3) recommendations
for improvements or the operation of the Commission,
4) financial
reports, and
5) summary
of Commission activities.
Section 6. The Commission other, than for neighborhood or
community enhancement campaigns may operate programs only in conjunction with
existing governmental activities provided that such activities an behalf of the
Commission not duplicate already available programs or services and further,
provided that the Commission's programs are not conducted on a contractual
basis with, existing governmental agencies
Section 7. The Commission may, where appropriate, constitute
the citizen advisory mechanism required by any federal statute.
ARTICLE III. Members
Section 1. The Commission shall he comprised of those persons
duly elected and certified by the D.C. Board of Elections to Single Member
Districts within area 6D. Citizens within the commission area may serve as
chairs or members of the Commission Committees.
Section 2. Each member of the Commission shall serve
for a term of two years which 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 certifies such election such member, whichever is later,
except that the terms of the members elected at the first election for Members
of ANC 6D shall begin n at noon an the first day of March 1976 and shall
terminate at noon on the second day of January. Vacancies shall be filled in
accordance with Section 8(d) of the Advisory Neighborhood Councils Act of 1975.
Section 3. All members shall have equal voting rights
following the principle of one person, one vote. There shall be no voting by proxy.
The Commission as well as each committee of the Commission shall maintain a
record of attendance of its members such records shall be forwarded to the
commission Secretary for recordation and shall be available for public
inspection.
Section 4. Pending the
filling of a vacancy utilizing existing ANC law, the Commission may hold a
neighborhood election for a non-voting SMD Delegate. The Commission shall then
appoint the winner of the election as the M Delegate; in the event write-in
votes are not allowed, and only one person qualifies as a candidate, that
person shall be appointed as the Delegate. Delegates shall have the same
qualifications as Commissioners. They shall serve until the Vacancy are filled
by duly elected or appointed Commissioners.
Section 5. Any references in these By-Laws to members of the
Com- "elected representative of the Commission' shall specifically
exclude Delegates. Delegates shall have full rights to the floor, including
making motions, at all Commission meetings, however, they say not vote on
motions.
ARTICLE IV. Officers
Section
1. The Commission shall elect a
chair, a vice-chair, a secretary, a treasurer, and such other officers as may
be necessary from among the Commission members.
Section
2. The election shall take place in
January of each year except that election for the first officers shall be held
at a meeting not later than 30 days following the certification of a majority
of the members of the Commission by the District of Columbia Board of
Elections.
Section
3.
Nominations shall be made by Commission members at such meeting. There
shall be no limit as to the number of nominations.
Section
4. A quorum for the election shall
be a majority of the current Commission membership.
Section
5. Each candidate for office shall
be nominated by a member of the commission.
Section
6. When nominations are closed the
voting shall take place as determined by the Commission at that time.
Section
7. The elected officers shall be
elected to service for one year or until their successors are elected, and
their terms of office shall commence at the close of the regular meeting at
which they are elected. In the event of a vacancy, the officer filling the
vacant position shall only serve out the term of the officer he/she
replaced.
Section
8. A simple majority shall be
required for election of officers. In the event that there is not simple
majority after the first ballot there shall be an election between the
candidates receiving the most votes.
Section
9. In case of vacancies among
officers, at the next meeting of the Commission, nominations and elections
shall occur in accordance with the election procedures set forth in these
By-Laws.
Section
10. No chair may serve more than two
consecutive terms.
Section
11. The chair-shall serve as a
convenor of the Commission and shall chair the Commission meetings.
Section
12. The chair may rule on procedural questions from the chair and such rulings
may be overturned by a majority vote of the Commission.
Section 13. The election of the first treasurer shall
be not later than 30 days following the certification of a majority of the
members of the Commission by the Board of Elections and Ethics. In the case of
a vacancy in the office of treasurer, there shall be within seven
days of such vacancy a special meeting of the
Commission to select a new treasurer in accordance with these By-Laws.
Section 14. The chair shall have the power to call special
meetings of the Commission and of the Executive Committee.
Section 15. In the chair's absence, or when the chair wishes
to give up the chair, the vice-chair shall act as the chair.
Section 16. The secretary shall be responsible for the
preparation of the minutes for all meetings of the Commission and for the
distribution of copies of minutes to all members of the Commission.
Section 17. The secretary shall be responsible for
maintaining records of all activities and shall perform such other duties as
the chair may direct.
Section 19. In the preparing of minutes, reports, the
secretary shall have the assistance of the Commission staff as may be required.
Section 19. The secretary
shall serve as a central repository of copies of minutes of all standing,
special and administrative committees.
Section 20. The secretary shall issue notices of meetings and
conduct the general correspondence of the Commission.
Section 21. The treasurer shall develop an annual fiscal year
budget request on forms to be provided by the Mayor prior to which such budget
shall be submitted to the residents of the Commissions area in March of each
year for their review and comment.
Section 22. final budget shall be submitted to the Council
and to the Mayor on or before April 10 of each year provided that submission of
any different dates may be required to conform with the District of Columbia
budget schedule.
Section 23. The treasurer shall prepare and the Commission
approve a quarterly financial report within 30 days of the close of each fiscal
quarter. These reports shall be public documents and shall be available for
public inspection. The quarterly report signed by the treasurer and chair of
each Commission and attested to by the secretary as having been approved by the
Commission shall be filled within seven days off approval by the Commission
with the District of Columbia auditor.
Section 24. The treasurer shall be bonded. The treasurer
shall file with the District of Columbia auditor cash or surety bond in the
amount of $1,000.00. The treasurer shall file with the office of the District
of Columbia auditor on, a form provided by said auditor a statement giving (a)
the treasurer's name, (b) home address, (c) business telephone number, (d)
business address, (a) home telephone number, (f) location of the books and the
records of the Commission, and (g) name and location of each depository.
Section 25. Every expenditure of funds by the Commission
shall be authorized in writing by the Treasurer or the Chairperson and recorded
in the Commission’s books of accounts, provided, however, that the Treasurer
may disburse to another Commission member or employee of the Commission amounts
not in excess of $100 out of petty cash funds.
Section 26. Records of expenditures of such funds shall be
transmitted to the treasurer prior to any further disbursement of the funds.
Section 27. All checks must be signed by two Commissioners
one of whom shall be either the Treasurer or the Chairperson. The Commission,
shall by resolution approved by a majority of its members designate one or more
financial institutions within the District of Columbia as depositories of
Commission funds.
Section 28. No expenditure whatsoever shall be made by the
Commission during a vacancy in the office of treasurer or at any time when a
current and accurate statement and bond are not on file with the District of
Columbia auditor.
Section 29. The treasurer shall maintain the Commission
accounts on a fiscal year basis, beginning October 1 and ending September 30.
Section 30. Any notification of proposed action of the
District of Columbia government received by a Commissioner, or any request for
action submitted to the District of Columbia government by a Commissioner shall
be transmitted to the chair of the Commission within ten days of receipt or
submission.
Section 31. The Chairperson may refer such matters as are
described in Section 30 to the entire Commission or to the appropriate
committee or task force within 30 days of such transmittal unless by law or
otherwise stated by the Chairperson that a shorter time is required.
Section 32. The referred body shall within a period of time
designated by the chair report its recommendation to the full Commission.
Section 33. The Commission shall meet at a time and place designated
by the Chairperson to make a determination as to what action, if any, it will
take with regard to matters described in Sec. 31-33.
ARTICLE V. Meetings
Section 1. Pursuant to the provisions of 742(a) of the District
of Columbia Self-Coverent and Government Reorganization Act, all meetings of
the Commission shall be open to the public.
Section 2. No official
action may be taken by the Commission unless a majority of the elected
representatives of the Commission are present and voting.
Section 3. The Commission shall convene the residents of its
Commission area at regular intervals at least four times a year to hear
resident views an problems in the Commission area and on proposed District
government actions affecting said area.
Section 4. The Commission shall generally meet at regular
intervals, not less than nine times a year to consider matters before the
Commission which may include but not 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
thereof.
Section 5. Meeting places shall be varied so as to be held in
all geographical areas of the Commission.
Section 6. No less than seven days notice shall be given by
the Commission of its meetings or convocations except where shorter notice for
good cause is necessary or in the case of an emergency by posting written
notices in at least two conspicuous places in each single member district
within the Commission area.
Section 7. 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 to, the Council of the District of Columbia,
the Mayor and the appropriate agency, board, or commission.
Section 8. If, with respect to the proposed action, the
Commission does not have a recommendation, it shall indicate same in writing
within the required time.
Section S. Resident views should be incorporated in positions
taken by the Commission.
Section 10. The Commission may establish such mechanisms as
will Insure the broadest dissemination of information with respect to the
Commission meetings, position 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.
Section 11. Special meetings of the Commission can be called
by the chair or by the Executive Committee or by written request of one-sixth
of the Commission membership. The purpose of the meeting shall be stated in the
notice and no other topic may be discussed at that meeting. Reasonable notice
shall be given in writing.
Section 12. The Commission may hold Joint meetings with other
ANCs to deal more effectively with or respond to similar concerns and issues
which transcend and affect the areas of the Commissions, jointly meeting and
for informational purposes.
Section 13. Joint Commission meetings may be held only after
authorization to participate in such joint meetings and to discuss such matters
as has been given to each participant Commission in a meeting bald prior to
such joint meetings.
Section 14. The Commission members shall reflect but not
necessarily be bound by the views of the Commission. The Commission member
attending the associated Commissions shall have no power other than what their
Commission shall have agreed upon.
Section 15. All associated meetings of Commissions shall be
open and at least 14 days notice shall be given by posting written notices in
at least two conspicuous places in each single member district of the
Commission.
Section 16. Discussions and voting at such meetings shall be
limited to the Commission members.
Section 17. Commission
actions, except for amending these By-Laws shall be approved by a simple
majority of those Commission members present and voting.
Section 18. In the case of a
tie vote, the motion for Commission action shall fall.
Section. 19. The Commission
my elect officers or representatives to the joint Commission in accordance with
the election procedures set forth in these By-Laws
ARTICLE VI Executive Committee
Section 1. There is
established the Executive committee of Advisory
Neighborhood Commission 6D.
Section 2. The Executive
Committee shall consist of, and be limited to:
a) the chair
b) the vice-chair
c) the secretary, and
d) the treasurer.
Section 3. The Executive
Committee of the Commission shall have the authority to establish special
committees.
Section 4. The Executive
Committee of the Commission shall have the power to act with the full authority
of the Commission in emergency situations when it is Impractical to submit a
matter to the Commission as a Whole.
Section 5. Vacancies on the
Executive Committee &ball be promptly filled, using the procedure, and
maintaining the composition outlined in these By-Laws.
Section 6. Executive Committee
meetings shall be open to the public
Section 7. A majority of the members of the Executive Committee
shall constitute a quorum.
ARTICLE VII Committees
Section 1. The Standing Committees of the Commission
are:
a) Development and Planning, to consider issues relating
to economic development, neighborhood planning, transportation and parking, and
zoning;
b) Alcohol Beverage Control, to consider issues relating
to liquor licenses; and
c) Community Outreach, to consider grant applications.
Section 2. Committees
shall have power only to make recommendations to the Commission. Unless
and until the Commission adopts a committee's recommendation, committee members
shall not represent that recommendation to any government agency, public
entity, the media, private organization, or anyone else as the Commission's
official position. Committees do not speak for the Commission.
Section 3. Each
committee shall consist of seven members, one from each Single Member District,
to be appointed by and to serve at the pleasure of the commissioner
representing that district. Committee
members’ terms shall end at the end of the term for which the appointing
commissioner was elected. Commissioners
shall have the right to participate ex officio in committee meetings.
Section 4. The Commission, by majority vote, shall have
power to remove a member of any committee.
Section 5. Each
committee shall establish its own procedures. The Commission shall
appoint each committee chair. Each committee shall designate a member to record
and report, to the Commission Secretary, the
results of each committee meeting. This report shall include the name of
each committee member who attended that meeting.
Section 6. Each
committee shall give the public at least seven days' notice of each meeting.
Section 7. Committee
meetings shall be open to the public. Each committee shall, in its
deliberations, hear from all constituents who wish to participate, regardless
of race, sex, age, voting status, religion, economic status, or sexual orientation.
Section 8. Each
committee has the power to establish subcommittees. The committee chair
shall have power to appoint members of each subcommittee, including its chair.
Section 9. Committees
shall require a quorum to adopt any recommendations. A quorum shall
consist of a majority of the committee's members. All committee members
have equal voting rights. There shall be no voting by proxy.
Committee recommendations require a majority of the membership present and
voting.
Section 10. The committee
shall forward all approved recommendations to the Commission Secretary by eight
days prior to the next scheduled Commission meeting. At that meeting, the
committee chairperson or his or her designee shall present the recommendation
to the Commission.
ARTICLE VIII. Parliamentary Authority
Roberts' Rules of Order
Newly Revised shall govern the
Commission in all cases in which they are not inconsistent with these By-Laws
and any special rules of order the Commission may adopt.
ARTICLE IX. Funds
Section 1. The Commission may not solicit or accept funds
from a federal or District government agency or private source except as may be
specifically or previously authorized by resolution of the Council, provided
that receipt of contributions of $100 or less from a single contributor need
not be approved by the Council.
Section 2. The Commission within its ward may pool its funds
in accordance with agreements established by the Commission members.
Section 3. Should the Commission feel legal redress is required,
it shall petition the Council through its special committee an Advisory
Neighborhood Commissions or such successor committees.
Section 4. Any Commission member may institute a legal action
in the courts of the District of Columbia or in the federal courts but the
Commission itself shall not have such power.
Section 5. The Commission shall have no authority to
incorporate; however, no member of the Commission may be liable for action
taken as an elected representative from a single member district.
Section 6. All employees of the Commission shall be hired by
the Commission and shall serve at the pleasure of the Commission.
Section 7. The Commission shall establish position
descriptions for its employees. The employees of the Commission may be hired on
a full-time or a part-time basis and for an indefinite or for a definite term.
Persons hired by the Commission shall meet the qualifications established in
the job description.
ARTICLE X. Amendment of By-laws
Section 1. The Commission shall file an up-to-date copy of
each and all amendments thereto with the Council of the District of Columbia
within seven days of their initial adoption.
Section, 2. Revision of these By-Laws requires a two-thirds
vote of the entire Commission with at least two weeks prior notice to each
Commission member that the rules will be recommended for change. Such
notification shall include the suggested changes.
Section 3. These By-Laws shall be consistent with all
Congressional and District legislation and other applicable laws regarding ANCs
and any inconsistencies are to be held null and void.
Section 4. These rules shall be open to the public.