BY- LAWS

OF

ADVISORY NEIGHBORHOOD COMMISSION 4A

 

 

 

ARTICLE I. NAME

There is established by the Council of the District of Columbia Advisory Neighborhood Commission 4A.

ARTICLE ll. GEOGRAPHIC BOUNDARIES

Advisory Neighborhood Commission (ANC) 4A is located in the Northwest section of Washington, DC, and includes the historic neighborhoods of Crestwood, Shepherd Park, Brightwood, Fort Stevens, North Portal Estates and Colonial Village. It includes the following streets in the Northwest quadrant:

Beginning at the District of Columbia - State of Maryland boundary lines and Rock Creek; Southeast on Rock Creek to Piney Branch Parkway; Northeast on Piney Branch Parkway to 16th Street; North on 16th Street to Allison Street; West on Allison Street to Blagden Avenue; Northwest on Blagden Avenue to 18th Street; Northwest on 18th Street to Colorado Avenue; Northeast on Colorado Avenue to Military Road; East on Military Road to Georgia Avenue; North on Georgia Avenue to the District of Columbia - State of Maryland boundary line; Northwest on the District of Columbia - State of Maryland boundary line to the northern tip of the District of Columbia; Southwest on the District of Columbia - State of Maryland boundary to Rock Creek.

 

ARTICLE lII. OBJECT

Section l a. The Commission may advise the Council of the District of Columbia, the Mayor and each executive agency and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District governmental policy including decisions regarding planning, streets, recreation, social service programs, education, health, safety, and sanitation 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 required pursuant to D.C. Code S l -1505 (a) or as it pertains to the Council of the District of Columbia.

 

 

Section l 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 guidelines with respect to grant applications, comprehensive plans, requested or proposed zoning changes, variances, public improvement, licenses, or permits affecting said commission area. The commission may also advise on the District budget, city goals and priorities, and proposed changes in District government services delivery and the opening of any proposed facility system.

Section 2. The Commission may present its views to any Federal or District agency.

Section 3. The Commission may initiate its own proposals for 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 the same with the appropriate District government entity as well as the Council.

Section 5. On or before November 30 of each year, the Commission may file an annual report with the Council of the District of Columbia and the Mayor for the preceding fiscal year. Such report shall include:

1) Summaries of important problems perceived by the Commission in order of their priority;

2) Recommendations for actions to be taken by the District government

3) Recommendations for improvements on the operation of the Commission;

4) Financial report; 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 on behalf of the Commission not duplicate already available programs or services of the District of Columbia government and further, provided that the Commission's programs are not conducted on a contractual basis with existing government agencies.

 

 

Section 7. The Commission may, where appropriate, constitute the citizen advisory mechanism required by any federal statute.

ARTICLE IV. MEMBERS

Section 1. The Commission shall be comprised of those persons duly elected and certified by the D.C. Board of Elections and Ethics to Single Member Districts within area 4A.

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 the election of such member, whichever is later.

Vacancies shall be filled in accordance with Section 8(d) of the Advisory Neighborhood Councils Act of 1975, (Later amended to read Advisory Neighborhood Commission by the council of the District of Columbia).

Section 3. The members shall serve without compensation; however, appropriate expenses may be reimbursed upon authorization by the Commission as specified in Article IV, Sections 31 and 32 of these By-Laws.

Section 4. All members shall have equal voting rights following the principle of one person, one vote. There shall be no voting by proxy.

 

ARTICLE V. OFFICERS

Section 1. The Commission shall elect a chairperson, a vice chairperson, 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 at a Commission meeting no later than 30 days prior to the expiration of the terms of officers. Commission members will nominate officers at said meeting. There shall be no limit as to the number of nominations except that each nomination must be seconded.

Section 4. A quorum shall be one half of the Commission plus one.

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Section 5. Each Candidate for office shall be nominated from the floor:

a. A candidate may nominate himself or herself,

b. A nomination speech of two minutes may be made,

c. After nominations are closed, each candidate may make a two-minute speech.

Section 6. When nominations are closed, the election shall take place by roll call vote, The Secretary of the Commission, or such other person who has been appointed by the Executive Committee, who has not been nominated, shall certify the returns, The members who have received the most votes shall be elected.

Section 7. Voting on each office shall occur before the floor is opened for nominations for another office.

Section 8. The elected officers shall be elected to serve 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 9. A simple majority shall be required for election of officers, In the event that there is not a simple majority after the first ballot, there shall be an election between the two candidates receiving the most votes.

Section 10. In case of vacancies among officers, the Executive committee shall appoint an interim officer from among Commission members. At the next regular meeting of the Commission, nominations and elections shall occur in accordance with the election procedures set forth in these By-Laws.

Section 11. The Chairperson s term is not limited.

Section 12, The chairperson shall serve as a convener of the Commission and shall chair the Commission meetings.

Section 13, Any notification of proposed action of the District of Columbia government or any request for action by a Single Member Commissioner or a citizen shall be transmitted to the chairperson of the Commission.

 

 

 

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Section 14. The Chairperson of the Commission may refer the matter to the entire Commission or to the appropriate committee task force within 30 days of such transmittal unless by law or a shorter time is required.

Section 15. The chairperson may rule on procedural questions from the chair and such rulings may be overturned by a majority vote of the Commission. The Vice chairperson shall fulfill the obligations of the Chairperson in his absence.

Section 16. The Chairperson shall have the power to call special meetings of the Commission and of the Executive Committee.

Section 17. In the Chairperson's absence, or a vacancy occurs in that office the Vice-chairperson shall act as the Chairperson.

Section 18. The Vice-Chairperson shall provide such assistance to the Chairperson as is requested and shall perform such duties as may be delegated by the Chairperson.

Section 19. The Secretary shall be responsible for maintaining records of all activities and shall perform such other duties as the Chairperson may direct.

Section 20. The Secretary shall be responsible for maintaining records of all activities and shall perform such other duties as the Chairperson may direct.

Section 21. In the preparing of minutes, reports, etc., the Secretary shall have the assistance of the Commission staff as may be required.

Section 22.The Secretary shall serve as a central repository of copies of minutes of all standing, special and administrative committees.

Section 23.The Secretary shall issue notices of meetings and conduct the general correspondence of the Commission.

Section 24. In 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.

 

 

 

 

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Section 25. The Treasurer shall develop an annual fiscal year end budget request on forms to be provided by the Mayor prior to which such budget shall be submitted to the residents of the Commission's area in March of each year for their review and comment.

Section 26. The Treasurer shall prepare and the Commission approves 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 Chairperson, attested to by the Secretary as having been approved by the Commission, shall be filed within seven days of approval by the Commission with the District of Columbia auditor.

Section 27. The Chairperson and the Treasurer shall be bonded. The Treasurer shall file with the District of Columbia auditor a form to participate in the ANC Security Fund. The Treasurer shall file with the office of the District of Columbia auditor a form containing: a) the treasurer's name, b) home address, c) business telephone number, d) business address, e) home telephone number, f) location of the books and records of the Commission, and h) name and location of each depository.

Section 28. The Treasurer's or Chairperson s signature shall be required or every draft of order drawn on the Commission depository. 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. All checks should require two signatures. The authorized check signers should be elected officers of the ANC (Chairperson, Vice-chairperson, Treasurer and Secretary). All checks shall be signed by the Treasurer and/or Chairperson plus one of the remaining three authorized check signers. The bank or depository institution should be notified immediately when an authorized check signer leaves the 4A ANC.

Section 29. The Treasurer shall maintain the Commission accounts on a fiscal year basis, beginning October I and ending September 30.

Section 30. 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.

 

 

 

 

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Section 31. Every expenditure of funds by the Commission shall be authorized in writing by 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 excess of $50.00 out of petty cash funds.

Section 32. Records of expenditures of such funds shall be transmitted to the Treasurer prior to any further disbursements of the funds.

Section 33. A final budget shall be submitted to the Council and to the Mayor on or before April 30 of each year provided that submission of any different dates may be required to conform to the District budget.

Section 34. Any notification of proposed action of the District of Columbia government or any request for action by a Single Member Commissioner or a citizen shall be transmitted to the Chairperson of the Commission who may assign it to person(s) for research.

Section 35. The referred body shall meet within a period of time at a location designated by the Chairperson to make a determination as to what action, if any, it should take and report its recommendation to the full Commission.

ARTICLE Vl. MEETING

Section 1. Pursuant to the provisions of Section 742(a) of the District of Columbia Self -Government and Government Reorganization Act, all meetings of the Commission shall be open to the public.

Section 2. The Commission may take no official action unless a majority of the elected representatives of the commission are present and voting on said action.

Section 3. 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 be limited to consideration of actions or proposed actions of the Council of the District of Columbia, the executive branch or any independent agency, board or commission and recommendations thereof.

Section 4. Meeting places shall be varied. Meetings shall be held in all 4A geographical areas or in a central location if more convenient for the residents.

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Section 5. No less than seven days notice shall be given by the Commission of its meetings or convocations except where a shorter notice for good cause is necessary or in the case of an emergency by posting written notices in at least two conspicuous areas in each single member district within the Commission area.

 

Section 6. Within 30 days of receiving 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 7. If, with respect to the proposed action, the Commission does not have a recommendation, it shall indicate that it does not have a recommendation in writing within the required time.

Section 8. Resident views should be incorporated in positions taken by the Commission.

 

Section 9. The Commission may establish such mechanisms as will insure the broadest dissemination of information with respect to the Commission meetings, positions and actions. The Commission shall make a good faith effort to involve all segments of the Commission population in its deliberations regardless of race, sex, age, voting status, religion, or economic status.

Section 10. Any 4A Commissioner can call an emergency meeting. 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.

 

Section 11. The Commission may hold joint meetings with other ANC areas for informational purposes and to deal more effectively with or respond to similar concerns and issues that transcend and affect the areas of the Commissions.

 

Section 12. 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 held prior to such joint meetings.

 

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Section 13. The Commission members shall reflect but not necessarily be bound by the views of the Commission. The Commission members attending the associated Commission meetings shall have no power other than what their Commission shall have agreed upon.

Section 14. All associated meetings of Commission 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 15. Discussions and voting at such meetings shall be limited to the joint Commission members.

Section 16. The Commission may elect officers or representatives to the joint Commission in accordance with the election procedures set forth in these By-Laws.

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 fail.

 

ARTICLE VIl. EXECUTIVE COMMITTEE

Section 1. There is established the Executive Committee of Advisory Neighborhood Commission 4A.

Section 2. The Executive Committee shall consist of and be limited to all Commission members.

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 shall be promptly filled, using the procedure and maintaining the composition outlined in these By-Laws.

 

 

 

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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,

Section 8. A regular meeting time of the Executive Committee shall be established and publicized.

ARTICLE VIIl. COMMITTEES

The commission may hold executive sessions to discuss administrative and procedural matters but may not vote on any matter. Such meetings may be closed to the general public.

Section 1. There shall be two categories of committees:

a. Standing committees - those created permanently

with the concurrence by majority vote of the Commission.

b. Special committees - those created temporarily by the Commission and/or the Executive Commission of the Commission.

Such committees may include citizen representation. Each Commission may involve representatives of other neighborhood groups in the work of its standing or special committee.

Section 2. Each standing committee shall be composed initially of at least one Commission person.

Section 3. The selection of standing committee members shall precede the appointment of a standing committee chairperson.

Section 4. The Executive Committee of the Commission shall have the power to appoint or remove standing committee chairpersons and vice-chairpersons.

Section 5. The Executive Committee of the Commission shall appoint the committee chairperson and vice-chairperson from among the standing committee membership as appointed by the commission.

Section 6. The standing committees shall also elect such other officers as are needed.

Section 7. The composition, manner of selection and duties of all special committees shall be determined by the Executive Committee of the Commission, with the concurrence of the commission.

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Section 8. Any special committee created by the commission and/or the Executive Committee of the commission may become a standing committee with the concurrence of the Commission.

Section 9. Upon transformation of a special committee into a standing committee, the Commission members serving on, and purpose of the committee shall remain the same; except that the Executive Committee of the Commission may make such changes as are necessary.

Section 10. Standing and special committees shall have the authority to set up sub-committees, which can include non-voting Commission members.

Section 11. The time and regularity of Executive, standing, and special committee meetings shall be established by the respective committees themselves.

Section 12. Committee recommendations to the Commission shall receive prompt review and action.

 

ARTICLE IX. GRANTS

Grant Guidelines: Funds voted for community enhancement in excess of $100.00 shall conform to the following guidelines:

1. Funds may be expended only in conformity with applicable D.C. laws and regulations.

2. Grants may not duplicate existing services already provided by the government or other community agencies and organizations.

3. Grants should be awarded on a onetime basis for specific community projects that will clearly benefit a substantial part of the ANC 4A community or a segment of the residents with clearly defined needs. Funds may be allocated for projects at any time during the fiscal year.

4. Grants cannot be used to purchase food, beverages, entertainment or other

categories of expenditures deemed inappropriate by the D.C. Auditor.

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5. Persons requesting grants must appear at an ANC public meeting to present the request and to respond to questions from the ANC and the community prior to the Commission rendering a decision on the request.

6. Requests for funding must be submitted in writing by District residents prior to the presentation at the public meeting. The requests must include detailed explanations of proposed expenditures and purposes. The goals and objectives of the project must be clearly defined. The project activities must be clearly identified by timeline which indicates the specific actions, the projected completion dates and the person(s) responsible for the actions.

7. Grant recipients are required to submit a progress report within 60 days following the issuance of a grant. The report includes: (a) a statement clearly showing the use of the funds to be consistent with the grant application; and (b) receipts and other documents supporting expenditures.

8. Grant recipients are required to submit a final report at the termination of the project which shows amounts spent and the results achieved.

 

ARTICLE X. PARLIAMENTARY AUTHORITY

Robert s 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 Xl. MISCELLANY

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. 00 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 on Advisory Neighborhood Commissions or such successor committee.

 

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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 all its employees. The employees of the Commission may be hired on a full-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.

Section 8. The use of the Commission office and supplies is for the purpose of conducting business associated with the duties and responsibilities of an Advisory Neighborhood Commissioner. Any Commissioner within the Commission shall have equal access to the Commission office, supplies and records.

ARTICLE XIl. 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 written 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. Where not otherwise provided, the procedures of the Commission shall be governed by Robert s Rules of Order Newly Revised and any other special rules of order the Commission may adopt.

Section 5. These Rules shall be open to the public.

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