(As Amended Through October 18, 2010)
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. Appointments shall take effect on a Commissioner’s announcement of that appointment at a public ANC 6D Business Meeting. Committee members’ terms shall end at the end of the term for which the appointing commissioner was elected.
To represent a particular Singe Member District on a Committee. Each Commissioner shall appoint on of his or her constituents. If for two consecutive ANC 6D public meetings a Committee seat remains vacant, the ANC has the power at that second meeting to appoint any ANC 6D resident to fill that vacancy. Commissioners shall serve as alternate or interim Committee members, entitled to vote at Committee meetings their appointees do not attend or (If the seat is vacant) until they or the ANC has appointed someone to that seat. Except that they have no vote, Commissioners not attending a committee meeting as an alternate or interim Committee member have the same right to participate in Committee meetings as do Committee members.”
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. It shall satisfy this requirement if a meeting is attended by either a majority of the Committee’s members then serving or the Committee Chair and one other Committee member. There shall be no voting by proxy.”
Section 10. For a Committee recommendation to be properly before the ANC, by FOUR days prior to the ANC meeting considering that recommendation the Committee must have forwarded its recommendation in writing or by electronic mail to the Commission Secretary, to Commission staff, and to the Commissioners whose Singe Member District includes the Business or Resident to which the recommendation relates. At that meeting, the Committee Chairperson or his or her designee shall present any 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.