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2013 PROPOSED AMENDMENTS TO THE NEIGHBROHOOD PLAN

 2013 Proposed Plan Amendments

2-11-302 (c)  A commissioner who has accumulated three absences and received written notice from the commission shall have the opportunity to appear before the commission at its next regular meeting to explain the circumstances of the absences and request to be retained on the commission.  After hearing the matter, the commission may recommend to the appointing authority the removal and replacement of the commissioner.

(d)  If the commissioner remains and accumulates an additional three absences within the one year period beginning July 1 and ending June 30, the commission shall again consider recommending removal

of the commissioner pursuant to subsections (a), (b), and (c).

 

Delete

Commissioners are appointed and over the past 5 years have met far more than the 6 meetings in 2-11-303.

If a commissioner cannot serve that commissioner should resign.

 

COMMISSION RULES

2-11-303  Meetings.  (a)  The commission shall hold a regular meeting on a pre-established day of the month in not less than six of the twelve months within a one year period, beginning July 1 and ending June 30.

 

2-11-303  Meetings.  (a)  The commission shall hold a regular meeting on a pre-established day of the month in not less than four (six) of the twelve months within a one year period, beginning July 1 and ending June 30.

 

The commission meets for sanction hearings, council of chairs, to certify the election and for special meetings for time sensitive issues.  These numbers far exceed twelve a year.

COMMISSION RULES

2-11-317  Committees.  (a)  The commission may establish committees.

2-11-317  Committees.  (a)  The commission may establish committees. Committee members may be designated as ad hoc members. Ad hoc members shall not be able to propose motions, second motions, or vote on any committee action. They shall not be counted for purposes of determining quorum.

OIP opinion allows for ad hoc committee members if an organization's rules allow of them.

COMMISSION RULES

2-14-103 (d)   If the board is unable to elect a chair or other presiding officer, no agenda item may be taken out of order except for actions to:

(1)                Fill any vacant seat on the board;

(2)                Pre-establish a specific day of the month on which the board will hold its regular meetings;

(3)                Pre-establish a specific location at which the board will hold its regular meetings; and

(4)                Take any budgetary action necessary for the board to continue convening its regular meetings.

 

2-14-103 (d)  If the board establishes a quorum and is unable to elect a chair or other presiding officer, no agenda item may be taken out of order except for actions to:

(1)                Fill any vacant seat on the board;

(2)                Pre-establish a specific day of the month on which the board will hold its regular meetings;

(3)                Pre-establish a specific location at which the board will hold its regular meetings; and

(4)                (Take any budgetary action necessary for the board to continue convening its regular meetings.) Pass any formal requests for the Neighborhood Commission Office to enter into contracts on behalf of the board to include but not be limited to facility rentals and videographer services.

 

 

Some boards do not have a quorum at the first meeting and therefore cannot elect officers.

 

 

 

 

 

 

Reflects the actual process of entering into contracts.

BOARD RULES

2-14-106  Absences and removal process; resignation.  (a)  If a board member is absent for three regular board meetings within a one year period, beginning July 1 and ending June 30, the executive secretary shall notify the member of the absences in writing sent by both United States registered or certified mail with return receipt requested and first class mail at the member's last known address not less than seven calendar days prior to the regular board meeting that is held immediately after the board member's third absence.

 

(e)  So long as a board member remains on the board, the board shall continue to formally consider removal of the member pursuant to subsections (a), (b), and (d) whenever the member accumulates an additional two absences during the one year period set forth in subsection (a) which were not considered previously by the board.

 

2-14-106  Absences and removal process; resignation.  (a)  If a board member is absent for (three) five regular board meetings within the board term as defined in 2-14-102 (a one year period, beginning July 1 and ending June 30), the executive secretary shall notify the member of the absences in writing sent by both United States registered or certified mail with return receipt requested and first class mail at the member's last known address not less than seven calendar days prior to the regular board meeting that is held immediately after the board member's third absence.

 

(e)  So long as a board member remains on the board, the board shall continue to formally consider removal of the member pursuant to subsections (a), (b), and (d) whenever the member accumulates an additional two absences during the two (one) year period set forth in subsection (a) which were not considered previously by the board.

 

New time period and amount for declaring a set vacant due to absences.

 

BOARD RULES

2-14-111  Meeting notice and agenda

2-14-111  Meeting notice and agenda (d) The Executive Secretary shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection (b).

 

Clarifies who is responsible for the mailing list

BOARD RULES

2-14-118  Discussion.  When a board member or person properly before the board wishes to speak, the member or person shall address the chair, be recognized before proceeding, and shall confine remarks to the subject under discussion, avoiding personalities and abusive language.  [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

2-14-118  Discussion.  (a) When a board member or person properly before the board wishes to speak, the member or person shall address the chair, be recognized before proceeding, and shall confine remarks to the subject under discussion, avoiding personalities and abusive language. (b) The boards shall afford all interested persons an opportunity to submit data, views, or arguments, in writing, on any agenda item. The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item. The boards may provide for reasonable administration of oral testimony by rule  [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

Would allow the Commission to impose a sanction if public testimony is not accepted

BOARD RULES

2-14-120 Officers. 

(a)                 All officers shall be elected annually by and from the membership of the board in July. Each officer shall be elected at a meeting by a majority vote of the entire membership to which the board is entitled.

(b)                 The term of an officer shall be for one year, beginning in July and ending the following June, or until the election of a successor. [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

2-14-120 Officers. 

(b) All officers shall be elected annually by and from the membership of the board (in July) at its initial convening meeting. Each officer shall be elected at a meeting by a majority vote of the entire membership to which the board is entitled.

(c) The term of an officer shall (be for one year, beginning in July and ending the following June) expire the June following their election, or until the election of a successor. [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104

 

Some boards recess in July. BOARD RULES

 

2-14-123  Duties of officers. 

(b) It shall be the duty of the chair to

(12)                      Appoint and remove all committee chairs, unless otherwise directed by the board

(13)                      Appoint and remove all board delegates, unless otherwise directed by the board

2-14-123  Duties of officers. 

(b) It shall be the duty of the chair to

 (12)    Appoint and remove all committee chairs, unless otherwise directed by the board. This becomes effective upon the Chair reporting the action at a board meeting.

(13)     Appoint and remove all board delegates, unless otherwise directed by the board. This becomes effective upon the Chair reporting the action at a board meeting.

 

Clearly defines that the Chair can only appoint or remove committee during a board meeting.

BOARD RULES

2-14-124 Committees.  (a)  The board may establish committees from among its membership and the public without regard to place of residence.  The committee chair shall be a member of the board.

 

(g)  Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public.  Committee meeting notices, agendas, and minutes shall be filed with the NCO within thirty days after the Committee meeting.

2-14-124 Committees.  (a)  The board may establish committees from among its membership and the public without regard to place of residence.  The committee chair shall be a member of the board. The committee members shall be appointed by the board. Committee members may be designated as ad hoc members. Ad hoc members shall not be able to propose motions, second motions, or vote on any committee action. They shall not be counted for purposes of determining quorum.

 

(g)  Committees shall prepare meeting notices, agendas, and minutes, and shall hold meetings at places reasonably accessible to the public.  Committee (meeting notices, agendas, and) minutes shall be filed with the NCO within thirty days after the Committee meeting.

Clarifies who has the authority to appoint committee members, the board at a meeting or the Chair at any time.

 

Sunshine law allows for ad hoc members if the Plan allows for it.

 

Committees must file notices and agendas prior to the meetings.

BOARD RULES

2-11-106  Computation of time; reestablishment of deadline dates.  (a) Unless otherwise provided by statute or rule, in computing any period of time prescribed or allowed by this chapter or by the plan, the first day of the designated period of time shall not be included.  The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in the State, in which event the period runs until the next day which is not a Saturday, Sunday, or holiday.

(b)  If unforeseen conditions or circumstances affect the election process timetable, including weather catastrophe, power outage, computer failure, delay in the procurement process, delay in the arrival of election materials, or civil unrest, the commission may reestablish suitable deadline dates for the election process timetable.

 

2-11-106  Computation of time; reestablishment of deadline dates.  (a) Unless otherwise provided by statute or rule, in computing any period of time prescribed or allowed by this chapter or by the plan, the first day of the designated period of time shall not be included.  The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in the State, in which event the period runs until the next day which is not a Saturday, Sunday, or holiday.

(b)  If (unforeseen) conditions or circumstances affect the election process timetable, (including) such as weather catastrophe, power outage, computer failure, delay in the procurement process, delay in the arrival of election materials, or civil unrest, the commission may reestablish suitable deadline dates for the election process timetable.

Allows for the commission to reestablish timelines during a major staff catastrophe, like 100 percent turnover with an incoming administration.

ELECTION RULES

2-12-102 Definitions. As used in this plan, unless the context otherwise specifically requires:

 

"Ballot" means a written or printed, or partly written and partly printed, paper or card containing the names of persons to be voted for and the office to be filled. A ballot may be in electronic form.

 

2-12-102 Definitions. As used in this plan, unless the context otherwise specifically requires:

 

"Ballot" means a written or printed, or partly written and partly printed, paper or card containing the names of persons to be voted for and the office to be filled, or a passcode used to access a ballot. A ballot may be in electronic form.

 

Reflect the possible use a passcode to access an electronic ballot.

 

ELECTION RULES

2-17-203 Change of residence.

 

(c) The commission shall issue a new ballot within ten days after receiving a request and affidavit pursuant to subsection (a).

 

2-17-203 Change of residence.

 

(c) The commission office shall issue a new ballot within ten days after receiving a request and affidavit pursuant to subsection (a).

 

Add the word office.

ELECTION RULES

2-17-204  Candidate eligibility and registration. 

(c)  The candidate registration deadline shall be the third Friday in February of the election year.  Any affidavit filed in person or delivered other than by United States mail must be received by the commission office by 4:30 p.m. on the candidate registration deadline.  When filed by United States mail, the envelope containing the affidavit shall be postmarked by candidate registration deadline and must be received by the office by 4:30 p.m. on the seventh calendar day thereafter to be accepted.

            (d)  No affidavit shall be filed with the commission office by means of facsimile or any other electronic means, unless otherwise duly authorized by the chief elections officer or commission.

            (e)  Any filed affidavit which fails to satisfy these rules shall be disqualified and the affected individual notified.  [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

2-17-204  Candidate eligibility and registration

(c) The candidate registration form shall be released no later than the third Friday of December in the year preceding the election.

 

(c) (d)  The candidate registration deadline shall be the third Friday in February of the election year.  Any affidavit filed in person or delivered other than by United States mail must be received by the commission office by 4:30 p.m. on the candidate registration deadline.  When filed by United States mail, the envelope containing the affidavit shall be postmarked by candidate registration deadline and must be received by the office by 4:30 p.m. on the seventh calendar day thereafter to be accepted.

            (d) (e)  No affidavit shall be filed with the commission office by means of facsimile or any other electronic means, unless otherwise duly authorized by the chief elections officer or commission.

            (e) (f)  Any filed affidavit which fails to satisfy these rules shall be disqualified and the affected individual notified.  [Eff 10/20/08] (Auth: RCH 14-103(a)) (Imp: RCH 14-104)

 

Creates a deadline for when the candidate registration form must be released (two months prior to deadline)

ELECTION RULES

2-17-207 Prohibition on election service. No candidate shall serve as an election official or election employee in the same election in which the individual is a candidate; nor shall any parent, sibling, spouse, child, or household member of any candidate serve as an election official or election employee in any area in which the ballots are handled or votes may be cast or tabulated for the candidate.

 

2-17-207 Prohibition on election service. No candidate shall serve as an election official or election employee in the same election in which the individual is a candidate; nor shall any parent, sibling, spouse, child, or household member of any candidate serve as an election official or election employee. [in any area in which the ballots are handled or votes may be cast or tabulated for the candidate.]

 

To not allow the appearance of impropriety.

 

ELECTION RULES

2-17-210 Insufficiency of candidates. If there are an insufficient number of candidates for a neighborhood district or subdistrict, as applicable, the unfilled seats shall be declared vacant after certification of the election results pursuant to section 2-17-309.

 

2-17-210 Insufficiency of candidates. If there are an insufficient number of candidates for a neighborhood district or subdistrict, as applicable, the unfilled seats shall be declared vacant by the commission after certification of the election results pursuant to section 2-17-309.

 

Added to specify that the commission shall declare the vacancies.

ELECTION RULES

2-17-303 Replacement ballots. .

(c) The commission shall issue a replacement ballot within seven calendar days after receiving a request pursuant to subsection (a).

 

2-17-303 Replacement ballots.

(c) The commission office shall issue a replacement ballot within seven calendar days after receiving a request pursuant to subsection (a).

 

Add the word office.

ELECTION RULES

2-17-304 Return of ballots. (a) The ballot return deadline shall be the third Friday in May of the election year. Any ballot returned in person in the return envelope provided must be received by the commission office by 4:30 p.m. on the ballot return deadline. Any ballot returned by United States mail in the return envelope provided, shall be postmarked by the ballot return deadline and received by the commission office by the seventh calendar day thereafter to be accepted.

(b) Any ballot which is:

(1)             Delivered to the commission office other than in person or by United States mail;

(2)             Received in person or postmarked after the ballot return deadline;

(3)             Received by United States mail more than seven calendar days after the ballot return deadline; or

(4)             Not sealed in an official ballot envelope signed by the voter; shall be disqualified and declared invalid.

 

2-17-304 Return of ballots. (a) The ballot return deadline shall be the third Friday in May of the election year. Any ballot returned in person in the return envelope provided must be received by the commission office by 4:30 p.m. on the ballot return deadline. Any ballot returned by United States mail in the return envelope provided, shall be postmarked by the ballot return deadline and received by the commission office by the seventh calendar day thereafter to be accepted.

(b) Any ballot which is:

(5)             Delivered to the commission office other than in person or by United States mail;

(6)             Received in person or postmarked after the ballot return deadline;

(7)             Received by United States mail more than seven calendar days after the ballot return deadline; or

(8)             Not sealed in an official ballot envelope signed by the voter; shall be disqualified and declared invalid.

(c) If passcodes are distributed to allow access to electronic ballots, the website must remain publicly accessible till 11:59 pm on ballot return deadline.

Specifies a deadline when electronic voting is used.

ELECTION RULES

2-18-101

(b) The commission may, at any time, dismiss any complaint or end any sanctions proceeding for failure to comply with any requirement under this subchapter.

2-18-101 (b) The Neighborhood Commission Office shall review all complaints submitted by a Board, Board Member or a Resident.  If a complaint does not meet the criteria of the Neighborhood Plan it shall be forwarded to the Neighborhood Commission with a recommendation it be dismissed. The commission may, at any time, dismiss any complaint or end any sanctions proceeding for failure to comply with any requirement under this subchapter.

Specifies a complaint that does not contain an allegation that would allow the Commission to impose a sanction even if sustained, may be dismissed by the Commission.

COMPLAINTS

 

 

 

 

 

 

 

 

Last Reviewed: Wednesday, November 27, 2013