| The ERNC by-laws are the governing rules for the ERNC. They were developed by the formation committee and have been revised a few times along the way as necessary. The most recent edition of the by-laws can be found below or downloaded in pdf form here. EAGLE ROCK NEIGHBORHOOD COUNCIL BY-LAWS AMENDED AND ADOPTED July 1 1,2007 TABLE OF CONTENTS
ARTICLE I NAME AND OFFICEARTICLE II PURPOSE ARTICLE III MEMBERSHIP ARTICLE IV BOUNDARIES ARTICLE V ERNC STAKEHOLDER OUTREACH ARTICLE VI RIGHTS OF VOTING MEMBERS ARTICLE VII BOARD OF DIRECTOR POSITIONS ARTICLE VIlI BOARD ROLES AND RESPONSIBILITIES ARTICLE IX ELECTIONS ARTICLE X COMMITTEES ARTICLE XI MEETINGS ARTICLE XI1 MEMBERSHIP OVERSIGHT ARTICLE XI11 GOVERNING AUTHORITY, RECORDS AND REPORTS ARTICLE XIV ROBERT'S RULES OF ORDER EXCERPTS ARTICLE XV AMENDMENTS EXHIBIT 1 MAP ARTICLE I
NAME AND OFFICEA. Name: The name of the organization shall be "Eagle Rock Neighborhood Council." It shall hereinafter be referred to as "ERNC." B. Principal Office: The County where the principal office for the transaction of the business of the ERNC ("principal executive office") is the County of Los Angeles, California. The primary location for the ERNC Board meetings is the Eagle Rock Library, located at 5028 Casper Avenue, Los Angeles, CA. 90041. ARTICLE II
PURPOSEA. Mission Statement: The mission of the Eagle Rock Neighborhood Council is to assure effective Stakeholder participation and interaction in all aspects of the decision-making and problem solving process of government in issues that are important in building our community. B. Purpose: The purpose of the Eagle Rock Neighborhood Council shall be: I . To foster and encourage the principles of Participatory Democracy in the formation of policy and recommendations made to all levels of government regarding issues as they relate to our community. This means one person, one vote. 2. To be a forum for the discussion and review of issues of concern and projects pertaining to Eagle Rock. To work with other Los Angeles Neighborhood Councils throughout the City, and in particular, the Northeast on issues of common interest such as shared resources and allocation of City funding. 3. To engage the broad spectrum of Community Stakeholders for collaboration and deliberation on matters affecting our community. The ERNC will consistently and diligently outreach to the diverse community. This means a commitment to provide access to all Stakeholders regardless of language and economic status. 4. To promote greater awareness and utilization of City services available to ERNC Community Stakeholders through the Early 1Votification System made available by the Department of Neighborhood Empowerment (hereinafter referred to as D.O.N.E.). 5. To serve a communication and coordinating role among the various volunteer organizations, businesses and other associations within Eagle Rock while respecting the autonomy of all individuals, groups, and organizations within the community. 6. To provide administrative support to members of the Eagle Rock Community seeking to increase their participation in the Neighborhood Council system. Assistance may include administrative assistance, capacity training and access to City resources. ARTICLE III
MEMBERSHIPA. ERNC Community Stakeholders: "ERNC Community Stakeholders/Voting Members" (hereinafter referred to as "Stakeholders") are defined as individuals who live, work, own property or conduct a business within the ERNC boundaries. In addition, Community Stakeholders may be identified by participation in: educational institutions, religious institutions, community organizations, business ownership, non-profit organizations, block clubs, neighborhood associations, business associations, apartment associations, resident associations, school/parent groups, faith based groups, senior groups, youth groups, chambers of commerce, business improvement districts, arts associations, political action groups, service organizations, park advisory boards, boys and girls clubs, cultural groups, environmental groups, neighborhood watch, police advisory board groups, and/or redevelopment action boards. Any ERNC Community Stakeholder within the ERNC boundaries and over the age of 16 may become a "Stakeholder." Dues, Fees and Assessments: No dues shall be required for membership in the ERNC. Neighborhood Council membership is open to all Community Stakeholders. ARTICLE IV
BOUNDARIESFor the purposes of these Bylaws the boundaries of each Sub Districts are generally defined to be: Sub District 1: North: Colorado Blvd.; South: Yosemite Drive; East: 'Townsend Ave.; West: Eagle Rock Blvd. Sub District 2: North: Colorado Blvd.; South: Yosemite Drive Lo Figueroa to La Loma; East: Pasadena Border; West: Townsend Ave. Sub District 3: North: Yosemite Drive.; South: Stratford Road to base of ridgeline parallel and north of Raber Street to Tipton Way; East: Pasadena Border; West: Eastern edge of Occidental College, parallel to Avenue 5 1. Sub District 4: North: Yosemite Drive; South: El Paso Road; East: Eastern edge of Occidental College, parallel to Avenue 51, following Southern ERNC boundary line; West: Eagle Rock Blvd. Sub District 5: North: Yosemite Drive west to Wawona St..; South: York Blvd.; East: Eagle Rock Blvd.; West: Glendale (2) Freeway. Sub District 6: North: Pasadena (134) Freeway; South: Yosemite Drive west to Wawona St.; Sub District 7: North: Pasadena (134) Freeway; South: Colorado Blvd.; East: Townsend Avenue; West: Eagle Rock Blvd. Sub District 8: North: Pasadena (1 34) Freeway; South: Colorado Blvd east to Colorado Blvd Freeway entrance; East: Pasadena City border; West: Townsend Avenue. ARTICLE V
ERNC STAKEHOLDER OUTREACHA. The ERNC will make a continuing and concerted effort to increase the voting membership and achieve a diversity of Community Stakeholder representation and participation in the membership and on committees. This commitment is consistent with D.O.N.E. guidelines for Neighborhood Councils. B. The ERNC will communicate with all Neighborhood Council Community Stakeholders on a regular basis in a manner ensuring that information is disseminated evenly and in a - timely manner, consistent with D.O.N.E. guidelines. C. The ERNC will endeavor to coordinate at least one annual mailing through first class mail to the Community Stakeholders within the ERNC boundaries in order to ensure that the greatest opportunity to participate is extended to the largest number of people. D. The ERNC will comply with the Ralph M. Brown Act in conducting and noticing all meetings. ARTICLE VI
RIGHTS OF VOTING MEMBERSAs registered voting members, Community Stakeholders have the following rights: A. To vote to elect the Board of Directors, as specified in Articles VIII. B. To initiate discussion, an action, policy, or position during the Public Commit Period or as stipulated in Article XI. C. To make a motion to hold an advisory vote of the members at any general meeting during the Public Comment Period. D. To make use of initiative, referendum, recall, and grievance procedures outlined in Article XII. E. To participate in and provide feedback at all meetings of the ERNC Board of Directors and Committees. F. To participate on standing committees and assist with the various activities of the ERNC, as specified in Article XI. ARTICLE VII
BOARD OF DIRECTOR POSITIONSA. The ERNC Board of Directors is comprised of 19 Directors, elected by the Voting Members from the Stakeholder Community, as follows: 1 - President who is elected At-Large; 1 - Treasurer who is elected At-Large; 1 - Immediate Past President (non-elected position); 1 - Youth Director 7 - Directors from various Community Stakeholder groups such as community organizations, local businesses and other institutions; 8 - Directors from each of the eight (8) Sub-Districts within the Community as described in Article IV, Boundaries. ARTICLE VIII
BOARD ROLES AND RESPONSIBILITIESA. Executive Officers: Only 2 Executive Officers (President, Treasurer) will be elected At- Large from the community and I Executive Officer (Immediate Past President) will be a standing member: President: Chairs General Board and Executive Committee meetings; communicates with other Neighborhood Councils, executes all ERNC approved disbursements; sets up ad-hoc committees; reviews official material, represents the ERNC at community events, meetings, and functions; and periodically reports to the Board all matters within hislher knowledge which the interest of the board may require to be brought to their notice. Treasurer: Chairs Budget and Finance Committee, oversee finances, report at Board Meetings, maintain balance sheets, financial accountability, etc. Co-sign along with President all checks for disbursement of funds greater than $100. The account records shall be open to inspection by any Director at all reasonable times. Immediate Past President: This position will generally be, as implied by the name, a non-elected position. B. The remaining Executive Officers will be nominated, and by a vote of the elected Board of Directors, appointed to occupy the positions of Vice-President, Secretary, and Communication and Government Relations Officer. Tlie nominees for these positions shall serve for a one year terms commencing at each new election. The one year term limit does not preclude an individual from being nominated and appointed for additional terms if so desired. 1. Vice-President: Chair Event Planning Committee, assumes duties of the President when the President is unavailable to perform hislher duties, and when so acting, shall liave all the authority of and be subject to all the restrictions of the President. 2. Secretary: Record minutes, post minutes to website and other public locations no later than 7 days after meetings, make minutes available a minimum of one week prior to next meeting, and maintain public record of the ERNC meetings. The Secretary shall keep, or cause to be kept, at the principal ERNC office, a book of minutes of all meetings and actions of the Board and of committees of the Board. 3. Communication and Government Relations Officer: Chair Communications and Government Relations Committee, perform City Oversight hnction, oversee Early Notification System, release Official Statements ofthe Board and Membership, etc. C. Stakeholder Interest Directors: Seven (7) Directors that are from specific Community Stakeholder organizations, businesses or institutions operating within the ERNC boundary area, such as neighborhood associations, retail businesses, chambers of commerce, religious institutions, schools, arts associations, political action groups, nonprofits, etc. will be elected. The Stakeholder Interest Directors will be nominated from the following categories: Business; Education Institutions; Cultural Organizations; Clubs; Civic Organizations; Faith-Based Groups; and, Resident Organizations. These Directors shall be elected from the at-large voting membership. Directors in this capacity are allowed to appoint Stand-In Participants for At-Large Meetings only. However, the Stand-In Participant will be unable to vote as a Director. I . Civic Directors are responsible for communicating and staying in contact with Eagle Rock's numerous civic organizations and representing their views and needs to the ERNC Board. They should initiate and participate in projects and attend community meeting and events to foster opportunities for ERNC Support of and participation with civic groups. Civic Directors should be active members of at least one civic organization in Eagle Rock. 2. Business Directors are the voice of Eagles Roclc's vibrant business community to the ERNC Board. They are responsible for communicating and staying in contact with business owners and representing business views and needs to the ERNC. They should attend Chamber of Commerce and other business-related meetings and functions; keep up-to-date about business openings and closings; be aware of business needs in the community and develop ideas for addressing those needs. 3. Education, Faith-Based, and Public Safety is responsible for maintaining communication between stakeholders and the ERNC so stakeholders with interests related to their specialties are represented. They are expected to hold periodic meetings related to their specialties, initiate and participate in activities and keep the ERNC Board informed about views and needs related to the groups they represent. Sub-District Directors: 8 Directors will be elected to represent each of the Sub Districts of the neighborhood. These Directors may be residents (both homeowners and renters), business owners, or other stakeholders living or involved in these areas. These Directors shall be voted on by only stakeholders within the Sub-districts. Directors in this capacity are allowed to appoint Stand-In Participants for At-Large Meetings only. However, the Stand-In Participant will be unable to vote as a Member of the Board. A Stand-In Participant must pertain to the same Sub Division. As liaisons between stakeholders in their sub-districts and the ERNC Board, Directors are responsible for contacting stakeholders; holding periodic stakeholder meetings; proposing and implementing projects in their sub-districts based on community input; responding to stakeholder concerns; and obtaining feedback from stakeholders on items the board is considering. E. Youth Representative: A Director may be elected to serve as a youth representative or as nominated representative of a youth organization. The representative will be at least 16 years of age. In the alternative, Special Youth Council may be formed in order to represent the special needs ofthose under the age of 16. 'This Special Youth Council can elect its representative for this position. If the board member is under the age of 18 they cannot participate in decision-making votes related to entering into contracts or expenditures of the ERNC. In these instances, the board member under the age of 18 will abstain from voting. F. Officer Responsibilities In addition to specific Officer Responsibilities defined above for Executive Officers, all Officers will serve on at least one Standing Committee and will chair other Committees as required. All other Directors shall participate on at least one committee. G. Term Each term of office shall be two years. Terms shall begin on when Candidates are officially sworn in, and end on subsequent elections days. Article IX offers further detail on terms, staggering, and term limits. H. Vacant Board Seats If all Board seats are not filled after the general election, or if a Board seat becomes vacant due to resignations or recall, the vacant Board seat may be filled by the ERNC Board of Directors' appointment of a stakeholder on an interim basis. The Board seat shall be filled by election at the next ERNC general election. In the event that the position of Treasurer is not elected in the general election or becomes vacant mid-term, the position shall be filled by appointment at the next appropriate board meeting. I. Quorum A Quorum must be present to conduct ERNC Board of Directors and general meetings. A Quorum is considered to be at least 7 ERNC Directors. A minimum of 3 Executive Officers shall be required at Executive Committee meetings for a quorum to be present. A minimum of four Rules and Election Committee members are required for a quorum (Board approved on January 9,2007). A majority vote of Directors present shall be sufficient for the Board of Directors or the Executive Committee, as appropriate, to rule on business, unless otherwise stated in these By-Laws. J. Resignation and Removal: Conditions for resignation and removal of appointed committee members and elected board members are stipulated as follows: Nominated Committee Members If a nominated committee member (stakeholder), or an elected ERNC Board Member appointed to a committee fails to consistently attend those meetings at which they are expected, the committee member shall automatically be removed and the seat will be declared vacant upon a formal motion and vote by the Board. Absence from four (4) consecutive meetings or seven (7) or more meetings during the previous twelve months shall be deemed a failure to consistently attend. Elected Board Members 1. If a Director is elected to any City, County, State or Regional political office, helshe must immediately resign from the Board. 2. Any Director may resign by submitting a written resignation to the President or the Secretary. 3. As an elected representative to the ERNC, Directors are expected to attend all Board of Director meetings. Executive Officers are expected to attend all Board of Director and Executive meetings. Absence from four (4) consecutive meetings or seven (7) or more meetings during the previous twelve months shall be deemed a failure to consistently attend. If a Director fails to consistently attend those meetings at which they are expected, the Director is subject to removal from the board by the Voting Members as stipulated under the recall provisions in Article XII-Membership Oversight. 4. In such cases that it is necessary to remove a Director, the Board President shall send a certified letter to the person requesting their resignation. If the Director does not Last revised 711 1 107 8 submit a resignation, The ERNC Board of Directors can initiate contact with the voting members to put forth a recall petition. 5. The Voting Membership may remove any Director when, in its judgment, the best interests of the ERNC would be served. 6. Depending on the date of removal, any Director removed from the Board is ineligible to serve on the Board for twelve ( I 2) to twenty four (24) months from the date of removal. K. Conflict of Interest The Conflict of lnterest provisions issued by the City of Los Angeles and D.O.N.E. will be used to determine a conflict of interest. Elowever, a conflict shall be deemed lo exist where a Director or a member of their immediate family or household, would derive a direct or indirect financial benefit from an action of the ERNC on which the Director would be voting. If a Conflict of Interest exists, the affected Director shall declare in writing or verbally state as part of the record the source of such Conflict of Interest and shall abstain from voting on any related issues. Failure to do so shall be grounds for removal from the Board. L. Code of Ethics The Eagle Rock Neighborhood Council, upon certification, shall be subject to any or all applicable sections of the City of Los Angeles Governmental Ethics Ordinance (Los Angeles Municipal Code Section 49.5.1). All applicable laws of local, state, and federal government shall be the minimum ethical standard for the Eagle Rock Neighborhood Council, its Governing Body, and Community Stakeholders. The Code of Ethics provisions of the City of Los Angeles and D.O.N.E. will apply to those serving on the ERNC Board of Directors. Failure to comply with the Code of Ethics shall be grounds for removal from the Board. ARTICLE IX
ELECTIONSA. Timing Elections for the ERNC Board of Directors shall be held annually at an Election Day. The Election Day shall take place during the window from February IS' through March 3 1". Elections shall be staggered, electing nine (9) Directors in even numbered years and nine (9) Directors in odd numbered years. The Immediate Past President will be a non-elected position. B. Staggering For elections held in even years the following positions/seats are open: President, Treasurer, Sub-District 2, Sub-District 5, Sub-District 7, Sub-District 8, Business Director #2, Civic Director #I and the Faith Based Director. For elections held in odd years the following positions/seats are open: Youth Representative, Sub-District 1, Sub-District 3, Sub-District 4, Sub-District 6. Education Director, Public Safety Director, Business Director #1, and Civic Director #2. Mid-term vacancies can be filled by board appointed stakeholders, and at the next scheduled election can be filled for a one-year replacement term, or full two-year term, whichever comes first. C. Term Limits No person may serve more than six consecutive years in any office of the ERNC Board of Directors. D. Qualification Any Community Stakeholder can qualify lo run for a position on the ERNC Board of Directors. See Article I11 for a complete definition of requirements for Community Stakeholder qualification. E. Registration Registered Voting Members who qualify as current Community Stakeholders at the time of elections are entitled to vote for Directors in the annual elections. For election purposes, registration will remain open throughout the Election Day. Any Community Stakeholder, who registers as a Voting Member under Article 111, may vote in the annual election. F. Voting 1. Voting for election of the Board of Directors shall be by ballot. Each Voting Member shall be entitled to cast one vote per available Board position. 2. If more than two candidates are running for a position on the Board, a plurality shall be sufficient to elect. A candidate cannot run for more than one position on the Board. 3. No voting by proxy is allowed, either in elections, or for the Board of Directors to rule on business. G. Election Procedures 'The Rules and Elections Committee is granted broad discretion to interpret these rules and to create additional rules and procedures as necessary to hold annual ERNC Board elections. The Rules and Elections Committee shall be guided by the principles of fairness and democracy in creating such rules. ARTICLE X
COMMITTEESThe following Committees shall be established: A. Executive Committee: Consists of the Executive Officers. Chaired by the Chair of the Board. Sets agenda for Board, Executive Committee, and ERNC meetings. Establishes ad hoc and other Committees. Acts as administrative body for the ERNC. Recommends actions to the Board of Directors. The Executive Committee shall have the authority of the Board of Directors to make decisions on emergency and routine business items, and shall report all such actions and decisions to the Board and the Membership, which may modify or reverse such actions or decisions upon a majority vote. B. Rules and Elections Committee: Chaired by Secretary or the Recent Past President subject to approval of the Board. Organizes and executes general ERNC elections. ' Oversees enforcement of and amendment to ERNC By-Laws; amendments must follow the procedures as stipulated in Article XIII. Proposes and enforces standing rules as necessary with the approval of the Board. Informs the voting members of all election rules and procedures, and reports at ERNC general meetings on any changes to these that it has adopted. The Rules and Elections Committee shall develop simple sign-up procedures that will be published prior to each meeting. A sign-up list will be maintained by the Committee in order to eliminate the need to re-register at each meeting. The Committee shall request that Stakeholder indicate to which stakeholder categories they belong. ERNC Community Stakeholders need only register as Voting Members once in order to be considered "Active Members" for voting purposes. C. Budget, Finance and Fundraising Committee: Chaired by Treasurer. Oversees and administrates all ERNC financial matters, including system of financial accountability as required by DONE, including monthly reporting on bank accounts and maintaining all records on all deposits. D. Communications and Government Relations Committee: Chaired by Communications and Government Relations Officer, Co-Chaired by another ERNC Voting Member as nominated by the Board. Fulfill City Oversight function and liaise with City and other governmental entities. Oversees, administrates and executes Early Notification System and communications with ERNC Community Stakeholders. Performs ongoing outreach to ERNC Community Stakeholders. D. Outreach and Event Planning Committee: Chaired by Vice-Chair of the Board. Organize and execute General Meetings and special events. Develops an on-going outreach plan and effort to ensure the maximum participation by Community Stakeholders. The Outreach Committee will have general responsibility for outreach and communications. Procedures for outreach and communication will be but are not limited to the following: 1. Will oversee periodic outreach efforts to solicit new membership using such methods as flyers, e-mail to existing organizations and ERNC database, door-to-door canvassing, advertisement in local periodicals, posting in public places, information booths at farmers' markets or other community events, and/or other methods identified by the committee or membership and deemed to be timely and effective. 2. Will solicit volunteers to undertake targeted organizing efforts to encourage membership among underrepresented stakeholder groups and/or in historically disenfranchised portions of the community. 3. Will be responsible for maintaining a list of all voting members and their contact information, including mail, e-mail, telephone numbers, and/or fax numbers as provided by each member. All e-mail communication shall be performed in compliance with Article VII, Section 5 ofthe D.O.N.E. plan. 4. Will advertise all meetings at least seven days in advance using such methods as flyers, e-mail to ERNC database list, voting members and organizations, door-to-door canvassing, advertisement in local periodicals, posting in public places, information booths at farmers' markets or other community events, and/or other methods identified by the committee or membership and deemed to be timely and effective. E. Land Use and Planning Committee: This 17 member Committee shall include up to 8 ERNC Community Stakeholders, each as nominated by the individual Community Director, one for each Sub District; up to 6 ERNC Directors; and up to 3 Stakeholders-atlarge. Any vacancies in any category may be filled by stakeholders at large or board members at the discretion of the co-chairs, and approved by the Board. All 17 members of the Committee shall be subject to approval of the Board of Directors. The Committee shall be co-chaired by two (2) of the Committee members, as nominated by the Committee and approved by the Board of Directors; at least one co-chair must be an ERNC Director. The Land Use and Planning Committee shall review, take public input, report on and make recommendations of actions to the Board of Directors and Membership on any land use and planning issues affecting the ERNC community. Each of these nominated Voting Members shall be subject to approval of the Board of Directors. Additionally, the Committee shall include and be co-chaired by two (2) ERNC Directors, as nominated by the Board of Directors. The Land Use and Planning Committee shall review, take public input, report on and make recommendations of actions to the Board of Directors and Membership on any land use and planning issues affecting the ERNC community. F. Ad Hoc Committees:Other standing or ad hoc Committees may be established as deemed appropriate by the Executive Committee and/or the Board of Directors, to carry on the work of the ERNC. A Committee may be chaired by and may include any ERNC Community Stakeholder. ERNC Community Stakeholders are encouraged to participate on Committees in which they are interested by contacting the Committee Chair and inquiring about opportunities to participate. Other than the Executive Committee and Land Use and Planning Committee that have membership specified above, the size and composition of each Committee beyond what is specified in these bylaws is left to the discretion of each Committee and its Chair. G. Committees are deliberative assemblies subordinate to the Board of Directors. The subordinate body cannot modify any action taken by the Board. ARTICLE XI
MEETINGSA. Notice: Meetings shall be open to the public as required with proper notice as mandated by the D.O.N.E. and the Robert M. Brown Act. Ongoing outreach shall be performed by . the Outreach Committee to inform Community Stakeholders of meetings as described in Article X. B. Brown Act: All meetings of the ERNC including Executive, Committee and Membership Meetings are subject to General Ralph M. Brown Act requirements as mandated by DONE, City of Los Angels and the State of California as amended from time to time. C. Meeting Frequency: Meetings of the ERNC shall be held as follows: The Executive Committee shall meet prior to the Board of Directors meeting: The Board of Directors shall meet at least monthly. ERNC General Meetings shall be held at least quarterly. Special Meetings of the Membership and Community Stakeholders may be called on an as needed basis. All meetings are open to Community Stakeholders who are also strongly encouraged to participate in the monthly meetings of the Board of Directors. D. Agenda: The Executive Committee shall establish the Agenda for Board of Directors and ERNC general meetings. Any Stakeholder or Voting Member can suggest that a matter be placed on the Agenda for any meeting by making such suggestion at the regularly scheduled meeting of the Executive Committee or by submitting such request in writing to a Director of the Board at least 5 days prior to the meeting. The Executive Committee shall report on all such written communications at its regular meetings. Voting Members or Stakeholders may also introduce issues for discussion or action during the Public Comment Period of each meeting. A member of the Board may introduce a motion for action as a result of the Public Comment Period. E. Planning: The Executive Committee shall schedule, organize and execute Executive Committee meetings and Board of Directors meetings, and shall report to the Membership if any actions were taken. The Outreach Committee shall schedule, organize and execute General Meetings and shall be responsible to advertising the meetings. F. Code of Conduct: Due honor and respect shall be afforded to all. G. Minutes: Minutes of each meeting shall be made available to all Community Stakeholders and Voting Members prior to the next meeting at the ERNC office and other public locations as may be determined by the Outreach Committee and in accordance with DONE guidelines. H. Reconsideration: The Board may reconsider and amend its action on items listed on the agenda if that reconsideration takes place immediately following the original action or at the next regular meeting. The Board, on either of these two days, shall: ( I ) Make a Motion for Reconsideration and, if approved, (2) hear the matter and Take an Action. If the motion to reconsider an action is to be scheduled at the next meeting following the original action, then two items shall be placed on the agenda for that meeting: (I) A Motion for Reconsideration on the described matter and (2) a [Proposed] Action should the motion to reconsider be approved. A motion for reconsideration can only be made by a Board member who has previously voted on the prevailing side of the original action taken. If a motion for reconsideration is not made on the date the action was taken, then a Board member on the prevailing side of the action must submit a memorandum to the Secretary identifying the matter to be reconsidered and a brief description of the reason(s) for requesting reconsideration at the next regular meeting. The aforesaid shall all be in compliance with the Brown Act, ARTICLE XI1
MEMBERSHIP OVERSIGHTParticipation and ideas from the ERNC Stakeholders are enthusiastically encouraged and supported. In order to maximize this participation and to ensure accountability of the Board of Directors to the ERNC Community Stakeholders and it Voting Membership, the following procedures are established: A. Assistance: ERNC will provide assistance to any Stakeholder wishing to take action under this Article. Assistance will include properly drafting or presenting issues to the Board or Membership as well as providing access to all publicly available information regarding this item. B. Agenda: Any Stakeholder or Voting Member may request an item to be heard or added to any Meeting Agenda as provided in Article XI, Section D. Stakeholders may also request that a member of the Board to introduce the item on their behalf at least 72 hours prior to the public meeting in accordance with the provisions of the Brown Act. In addition, issues and that may arise after this period may be heard during the Public Comment Period of each Meeting. If an action by the Membership or Board is required, the procedures outlined in Section C below should be followed. However, the Board may waive this requirement if the item is of a time sensitive nature. C. Initiative: An Initiative is a procedure by which Stakeholders or Voting Members may directly petition for a proposal and secure its submission to the ERNC Community for approval. Any ERNC Stakeholder or Voting Member may put forth an Initiative by presenting a petition to the Executive Committee or the Board of Directors with no less than fifty (50) signatures of Stakeholders or Voting Members supporting the motion. The petition shall include a maximum of a one page narrative outlining the purpose and content of the Initiative. Receipt of this completed petition by the Executive Committee or the Board of Directors shall trigger this item being scheduled as an action item on the Agenda at the next ERNC Meeting to be held not less than 30 days nor more than 90 days following receipt of the completed petition. Notice of the Initiative, including the . narrative description, shall be made available in all public meeting notices and announcements for the upcoming meeting at which the Voting Membership will vote on the Initiative. Passage of the Initiative requires a two-thirds (213) majority vote of the ERlVC Voting Members present at the Meeting. If the Initiative passes, the Stakeholder or Voting Member(s) who put forth the Initiative must be willing to chair andlor organize an ad-hoc committee (when appropriate) to carry out the action of the Initiative, if so directed by the Board of Directors. D. Referendum: A Referendum is a procedure by which a Stakeholder or Voting Member may directly reject or oppose an action taken or decision made by the ERNC Board of Directors or the Voting Membership. Any ERNC Stakeholder or Voting Member may put forth a Referendum by presenting a petition to the Executive Committee or the Board of Directors with no less than one hundred (100) signatures of ERNC Stakeholders or Voting Members supporting the motion. The petition shall include a maximum of a one page narrative outlining the purpose and content of the Referendum. Receipt of this completed petition by the Executive Committee or the Board of Directors shall trigger this item being scheduled as an action item on the Agenda at the next ERNC Meeting, to be held not less than thirty (30) days or more than ninety (90) days following receipt of the completed petition. Notice of the Referendum, including the narrative description, shall be made available in all public meeting notices and announcements for the upcoming meeting at which the Membership will vote on the Referendum. Passage of the Referendum requires a two-thirds (213) majority vote of the ERNC Voting Members present at the ERNC General Meeting and two-thirds (213) majority vote of the Board of Directors. E. Recall: Recall is the procedure by which Voting Members may directly remove an elected ERNC Officer. Any ERNC Voting Member may put forth a Recall petition by presenting a petition to the Executive Committee or the Board of Directors with no less than one hundred (1 00) signatures of ERNC Voting Members supporting the motion. Receipt of this completed petition by the Executive Committee or the Board of Directors shall trigger this item being scheduled as an action item on the Agenda at the next ERNC General Meeting to be held not less than thirty (30) days or more than ninety (90) days following receipt of the completed petition. Notice of the Recall petition, including the name of the Officer subject to Recall, shall be made available in all public meeting notices and announcements for the upcoming meeting at which the Recall shall be voted on. Removal of the Officer by Recall requires a 51% of the ERNC Voting Members present at the ERNC General Meeting. Replacement candidates for the recalled position shall only be considered at the next general election. F. Grievance: Any ERNC Community Stakeholder who is adversely affected by a decision of the ERNC may submit a written Grievance to any member of the Board of Directors. The Board of Directors (or a sub-committee thereof, if so designated by the Board) shall review the Grievance at either a regular Board of Directors meeting or a specially called meeting. The complainant shall be notified no less than four (4) days prior to this meeting in order that shelhe may attend. The Board shall resolve the Grievance or take appropriate action and shall advise the complainant of its determination. Issues pertaining to the internal administration and operation of the ERNC shall be heard by the Board and, if appropriate, the membership. Any issues related to the recommendations, procedures, or actions taken by the Board or Membership may also be presented to D.O.N.E. for review. ARTICLE XIII
GOVERNING AUTHORITY, RECORDS AND REPORTSA. Governing Parliamentary Authority: Robert's Rules of Order Newly Revised shall serve as the Governing Parliamentary Authority of ERNC. An unbiased Parliamentarian may be appointed by the Board to assure that the Governing Parliamentary Authority is adhered to both at general meetings and at Board meetings. In the case of any conflict between these By-Laws and the Governing Parliamentary Authority, these By-Laws shall prevail. B. Standing Rules: Standing Rules may be approved by the Board of Directors to supplement these By-Laws. Such rules shall be in addition to the By-Laws and shall not be construed to change or replace any By-Law. Among other aspects, Standing Rules are meant to guide the conduct of the Board, election guidelines and the procedures of all meetings. If there is a conflict between a provision of the By-Laws and a Standing Rule, the By-Law shall govern. Standing Rules may be adopted, amended, or repealed by a simple majority vote of the Board of Directors. C. Records: The accounting books, records, and minutes of proceedings of the Board of Directors and any committee(s) of the Board shall be kept at such place or places designated by the Board or, in the absence of such designation, at the principal executive office of the ERNC. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable of being converted into written, typed or printed form. D. Inspection by Stakeholders: Every stakeholder shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the ERNC and each of its subsidiary corporations. The right of inspection includes the right to copy and make extracts of documents. E. Reports: The Board shall provide to the DONE and the ERNC members within 90 days after the close of its fiscal year, a report containing the following information in reasonable detail: (a) The assets and liabilities, including the trust funds, of the ERNC fiscal year; as of the end of the fiscal year; (b) The principal changes in assets and liabilities, including trust funds, during the fiscal year; (c) The revenue or receipts of the ERNC, for both general and restricted purposes, for the fiscal year; (d) The expenses disbursements of the ERNC, for, both unrestricted and restricted to particular purposes during the fiscal year. (e) The amount appropriated additional receipts, expenses paid and ending balances of all accounts. F. Compliance: The Eagle Rock Neighborhood Council agrees to comply with all financial accountability requirements as specified by City Ordinance 174006 and in the Plan and as stated in the City's Certification Application. The Eagle Rock Neighborhood Council further agrees to comply with all financial reporting requirements as prescribed by the Department of Neighborhood Empowerment. ARTICLE XIV
AMENDMENTAs an advisory body the ENRC does not have to adhere to as strict an interpretation of Robert's Rules of Order as a legislative body would. However, to provide guidance for meeting management, the following excerpts are provided to assist with the most common scenarios that disrupt the orderly conduct of meetings. Decorum in Debate. A member is confined in debate to the question/motion before the assembly. He or she should avoid personal comments and cannot question a member's motive, but may condemn in strong terms the nature or consequences of a measure. It is the measure/motion, not the man or women, that is the subject of debate. Point of Order. It is the chair's duty to enforce the rules and orders of the assembly without debate and delay. Any member who notices the violation of a rule may insist upon its enforcement by raising a point of order. At this juncture, discussion of any business or motion ceases until the chair decides the point. The question of order must be raised when the breach of order occurs. After a motion has been discussed, it is too late to question whether it is in order, and too late for the chair to rule it out of order. However, it is never too late to raise a point of order against a motion when it violates the laws, constitution, bylaws, or standing rules of the organization. Votes that are null and void even if unanimous. No motion is in order that conflicts with the laws of the Nation or State, or with the ERNC bylaws. Such motions, even if adopted by a unanimous vote, are null and void. 1Vo rule that conflicts with a rule of a higher order is of any authority. Right of an Assembly to Elect anyone from the Place of Meeting. Every deliberative assembly has the right to decide who may be present during its sessions. When an assembly, either by rule or by a vote, decides that a certain person should not remain in the room, it is the duty of the chair to enforce the rule, or order, using any force necessary to eject the person. The chair can detail members to remove the person without calling the police. Anyone who uses unnecessary force to remove the person is liable for damages, just as a policeman would be in a similar situation. Whatever abuse the person may suffer when being removed from the room, neither the chair nor the society is liable for damages, because, in ordering the person's removal, they do not exceed their legal rights. ARTICLE V
AMENDMENTThese By-laws may be amended as needed or recommended by the approval of the members of the ERNC, subject to the limitations of the City of Los Angeles Department of Neighborhood Empowerment. CERTIFICATE OF ERNC BOARD The ERNC Board certifies that the above Bylaws are the Bylaws of the Eagle Rock Neighborhood Council were adopted by the Board of Directors on July 11,2007. Last revised 711 1/07 |
