GOVERNMENT OF THE DISTRICT OF COLUMBIA

BYLAWS OF

ADVISORY NEIGHBORHOOD COMMISSION 5B

(Adopted as Amended on June 26, 2013)

 

ARTICLE I. NAME

 

There is established by the Council of the District of Columbia Advisory Neighborhood Commission 5B.  This Commission shall be called the Advisory Neighborhood Commission 5B of the District of Columbia as described in the District of Columbia Self-Government and Governmental Reorganization Act 87 Stat. 788 Section 412.  The Ward 5 Commission 5B consists of Single Member Districts 5B-01 through 5B-05 and is established by Single Member District boundaries subject to legislative amendments and citizens ratification.

 

ARTICLE II. OBJECT

 

Section 1.       The Commission shall advise the Council of the District of Columbia, the Mayor and each executive agency, the Government of the District of Columbia, all independent agencies, boards, and commissions with respect to all proposed matters of District of Columbia 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 governmental policy shall be the same as those for which prior notice of proposed rule-making is required pursuant to D.C. Code § 1-1505(a) or as it pertains to the Council of the District of Columbia.  After hearing consideration from citizens and agencies, the Commission shall respond to the action agency(ies) and citizens.  Any decisions made during emergency sessions will be in effect until such time when notifications can be made.

 

Section 2.       Proposed District government actions upon which the Commission shall have the opportunity to comment shall include, but shall not be limited to, actions of the Council of the District of Columbia , the Executive Branch or any independent agency.  The Commission will advise each agency, board, and commission regarding the award of any grant or funds to a citizen organization or group, the formulation of any final policy, decision or guideline with respect to proposed zoning changes, variances, public improvements, licenses, or permits affecting said Commission area, the District budget and city goals and priorities, proposed changes in District Government service delivery and the opening of any proposed facility systems.

 

Section 3.       The Commission will present its view to any Federal or District agency.

 

Section 4.       The Commission may initiate its own proposals for District or neighborhood government action.  Any proposal submitted by the Commission will bear the signature of the chairperson and the corresponding secretary to the Commission.

 

Section 5.       The Commission will monitor written complaints of Commission area residents with respect to problems and the delivery of services provided by the District Government and may file comments as deemed appropriate. 

 

Section 6.       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 but shall not be limited:

 

a.      Summaries of important problems perceived by the Commission and in order of their priority

 

b.      Recommendations for action to be taken by the District Government

 

c.      Recommendations for improvements on the operation of the Commission

 

d.      Financial reports

 

e.      Summary of Commission activities

 

Section 7.       The Commission shall constitute the citizen, advisory mechanism required by any Federal statute, working in conjunction with all other citizen groups as lead agency.

 

ARTICLE III.  MEMBERS

 

Section 1.       The Commission shall be composed of those persons duly elected and certified by the District of Columbia Board of Elections and Ethics to Single Member Districts within area 5B.

 

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 following the date of election of such member, or at noon on the day after the date the Board certifies such election of such member, whichever is later, except that the terms of the members elected at the first election for members of Advisory Neighborhood Commission 5B begin at noon on the first day of March 1976, or at noon on the day after the date the Board certifies the results of such election, whichever is later, and shall terminate at noon on the second day of January 1978.  Vacancies shall be filled in accordance with Section 8(d) of the Advisory Neighborhood Commission Act of 1975. 

 

Section 3.       The members shall serve without compensation; however, appropriate expenses may be reimbursed upon authorization by the Commission as specified in Article IV, Section 28 of these Bylaws.

 

Section 4.       All members shall have equal voting rights following the principle of one person, one vote.  There shall be no proxy voting.  The Commission shall maintain a record of attendance of the members.  Such records shall be forwarded to the Commission’s recording secretary for recordation and shall be available for public inspection. 

 

Section 5.       Any individual Commissioner may communicate his or her views on any issue within the scope of his or her jurisdiction to any government entity; provided, however, that unless such communication has been approved by the Commission as a whole or reflects the views of the Commission as reflected in a formal vote of the Commission, such Commissioner [shall] indicates in such communication that he/she is speaking as an individual Commissioner, and not for the Commission itself.

 

Section 6.       Each Commissioner shall have at all times equal access to the resources of the Commission, including, but not limited to, documents (as defined in the Federal Rules of Civil Procedure) of the Commission, the Commission office, and Commission supplies.

 

ARTICLE IV.  OFFICERS

 

Section 1.       The Commission shall elect, from its Commission members, a chairperson, a vice-chairperson, corresponding secretary, recording secretary, treasurer, parliamentarian and such other officers as may be necessary.

 

Section 2.       The election of officers shall take place in January of each year on a day specified by the Commission, following the certification of a majority of the members of the Commission by the District of Columbia Board of Elections and Ethics.

 

Section 3.       A quorum for the election of officers shall be a majority of the duly elected Commissioner membership provided the elected members constitute a majority of the ANC 5B single member districts.

 

a.      The chairperson shall attempt to hold elections at times when all commissioners can be available giving consideration to deaths and natural disasters.

 

b.      The chairperson will give at least a seven (7) days notice to all Commissioners informing of election date, time and place.

 

Section 4.       Each candidate for office shall be nominated from the floor.

 

a.      A candidate may nominate himself or herself but may not second the nomination.

 

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

 

c.      Each nomination must be seconded, but no seconding speech will be permitted.

 

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

 

Section 5.       When nominations are closed, the election shall be conducted by the recording secretary of the Commission or such person appointed by the Executive Committee, who has not been nominated, shall certify the returns. 

 

Section 6.       Voting on each office shall occur before the floor is opened for nominations for another office.

 

Section 7.       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 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.  If there is not simple majority after the first ballot, there shall be an election between the two candidates receiving the most votes.

 

Section 9.       In case of vacancies among officers, the Executive Committee shall appoint interim officers among Commission persons.  A Special Meeting shall be called for the purposes of nominating and electing officers to fill vacancies.

 

Section 10.    The chairperson shall serve as convener of the Commission and shall chair the Commission meetings. The vice chairperson shall fulfill the obligations of the chairperson in his/her absence.

 

Section 11.    The Chairperson may rule on procedural questions from the chair and such rulings may be overturned by a majority of the Commission.

 

Section 12.    Each Standing Committee shall be chaired by a commissioner.  The chairperson of each such committee or task force shall be appointed by the Commission as shall be the members to that task force or committee.

 

Section 13.    In the case of a vacancy in the office of treasurer, there shall be within seven (7) days of such vacancy an election to select a new treasurer.

 

Section 14.    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 15.    The correspondence secretary shall be responsible for maintaining records of all activities and shall perform such other duties as the chairperson may direct.

 

Section 16.    The correspondence secretary shall issue notices of meetings and conduct the general correspondence of the Commission.

 

Section 17.    In the preparation of minutes, reports, etc., the recording secretary shall have the assistance of the Commission staff as may be required.

 

Section 18.    The recording secretary shall serve as a central repository of copies of minutes of all Standing, Special and Administrative committees.

 

Section 19.    The recording 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 pursuant to forthcoming amendments.

 

Section 20.    The treasurer and the Commission as a whole shall develop an annual fiscal year budget request forms to be provided by the Mayor of the District of Columbia office prior to which such budget shall be submitted to the residents of the Commission’s area for their review and comments.

 

Section 21.    The treasurer shall prepare and the Commission will 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 [shall be] signed by the treasurer and chairperson of the Commission and attested by the recording secretary as having been approved by the Commission with the District of Columbia auditor.

 

Section 22.    The chairperson and the treasurer shall be bonded or the Commission shall participate in the ANC Security Fund. 

 

Section 23.    The treasurer and Commission will secure and investigate a local bank within Ward 5 boundaries as an institution with affirmative action program:

 

a.      The Commission will establish a checking account in the name of Advisory Neighborhood Commission 5B at a District of Columbia bank in Ward 5.  In addition, a savings account at a District of Columbia savings institution in Ward 5 may be established to invest funds not immediately needed for the Commission’s operations.

 

b.      All checks will bear the name of the Commission on the face checks and be prenumbered by the bank.  A commercial type checkbook will be used, which has space for entering each check and a brief explanation of the nature of the disbursement.

 

c.      All checks will be issued by the treasurer in consecutive order.

 

d.      All voucher packages will be retained for a period of seven (7) years.

 

e.      The Commission’s checkbook shall be retained by the treasurer.

 

Section 24.    All expenditure of funds by the Commission shall be authorized by the Commission and recorded in the Commission’s books of accounts.

 

ARTICLE V.  MEETINGS

 

Section 1.       Pursuant to the provisions of § 742(a) of the District of Columbia Self-Government and Government Reorganization Act, all meetings of the Commission shall be open to the public.  The Commission shall have its regular monthly meetings.  If the meeting is canceled due to a holiday, emergency, etc., the meeting shall take place within a fifteen (15) day period.  Commissioners’ absence from meetings will be indicated as excused and unexcused.  All meetings of the Advisory Neighborhood Commission 5B should be recorded.  Minutes shall be drafted and copies provided to all commissioners within a reasonable time after meeting dates.

 

Section 2.       No official action may be taken by the Commission unless a majority of the elected representatives of the Commission are present and the meeting has been properly noticed and is open to the public.

 

Section 3.       The Commission shall convene the residents of its Commission area at regular intervals to hear their concerns.

 

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 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 5.       Meeting place shall be held at the Commission office unless otherwise determined by the Commission members.

 

Section 6.       No less than seven (7) days notice shall be given by the Commission of its meetings or convocations by posting written notices in at least four conspicuous places in each Single Member District within the Commission area, except when shorter notice for good cause is necessary in the case of an emergency.

 

Section 7.       Within 30 days of receiving notification from the District Government of proposed actions or proposal 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 of the District of Columbia, 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 9.       The Commission may establish such mechanisms as will ensure the broadest dissemination of information with respect to the Commission meetings, positions, and actions.  The Commission shall make 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.    Special meetings of the Commission can be convened by the chairperson or the Executive Committee or by written request from at least three commissioners of the Commission.  The purpose of the meeting shall be stated in the notice and no other topic may be discussed at that meeting

 

Section 11.    The Commission may hold Joint Meetings with other Advisory Neighborhood Commission 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 12.    Joint Commission meetings may be held only after the Commission votes by a majority to participate in such Joint Meetings and discuss such matters as have been given to each participant Commission in a meeting held prior to each Joint Meeting.

 

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 shall have no power other than what their Commission shall have agreed upon.

 

Section 14.    Commission actions, except for amending these Bylaws, shall be approved by a simple majority of those Commission members present and voting.

 

Section 15.    In the case of a tie vote, the motion for Commission action shall fail.

 

Section 16.    The Commission shall ensure appropriate order, conduct and decorum is maintained by residents and guests during all Commission meetings.

 

ARTICLE VI.  EXECUTIVE COMMITTEES

 

Section 1.       There shall be established an Executive Committee of Advisory Neighborhood 5B.

 

Section 2.       The Executive Committee shall consist of, and be limited to:

 

A.     Chairperson

 

B.     Vice Chairperson

 

C.    Correspondence Secretary

 

D.    Recording Secretary

 

E.     Treasurer

 

F.     Parliamentarian

 

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 providing an attempt is made to contact individual commissioners on the issue.

 

a.      All actions of the Executive Committee shall be subject to the approval to the full Commission at a later meeting.

 

Section 5.       Vacancies on the Executive Committee shall be promptly filled, using the procedure, and maintaining the composition outlined in these Bylaws.

 

Section 6.       The Executive Committee may recommend the removal of a member of the Executive Committee for sufficient cause that is detrimental to the Advisory Neighborhood Commission.

 

Section 7.       A majority of the members of the Executive Committee shall constitute a quorum for executive meetings.

 


ARTICLE VII.  COMMITTEES

 

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 Committee and/or the Executive Committee of the Commission.

 

Such committees may include citizen participation.  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 chaired by a commissioner.

 

Section 3.       The Executive Committee of the Commission shall have the power to recommend the appointment or removal of Standing Committee chairpersons.

 

Section 4.       The Standing Committees shall also elect or appoint such other officers as are needed.

 

Section 5.       The composition, manner of selection and duties of all Special Committees shall be determined by the Executive Committee.

 

Section 6.       Any Special Committee created by the Commission becomes a Standing Committee with the concurrence of the Commission.

 

Section 7.       Upon transformation of a Special Committee into a Standing Committee, the Commission members serving on, and purpose of the committee, shall retain the same; except that the Executive Committee of the Commission may make changes as are necessary with the concurrence of the Commission.

 

Section 8.       The time and regularity of Executive Committee, Standing and Special Committee meetings shall be established by the respective committees themselves.

 

a.      Each committee shall have the power and responsibility to develop attendance requirements for the committee and its sub-committees.  The chairperson of the committee has the authority to remove non-participating members.

 

ARTICLE VIII.  PARLIAMENTARY AUTHORITY

 

Roberts’ Rules of Order, Newly Revised shall govern the Commission in all cases in which such Rules are not inconsistent with these Bylaws, any special rules of order the Commission may adopt, or any Federal or District Government law.

 

ARTICLE IX.  MISCELLANY

 

Section 1.       The Commission may not solicit or accept funds for a Federal or District Government agency or private source except as may be specifically or previously authorized by resolution of the Council of the District of Columbia, provided that receipt of contributions of $1,000.00 or less from a single contributor need not be approved by the Council of the District of Columbia.

 

Section 2.       Any Commission member in their private capacity 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 3.       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 4.       Employees of the Commission shall be hired by the Commission and shall serve at the pleasure of the Commission.

 

Section 5.       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.

 

Section 6.       All District of Columbia Commission-issued equipment, including cell phones, are the property of the District of Columbia Government and should only be provided to Commission members for their use in conducting official ANC and District Government business. 

 

Section 7.       Upon the end of a Commission members’ service, all District of Columbia Government-issued property shall be promptly returned to the Commission.

 

ARTICLE X.  AMENDMENT OF BYLAWS

 

Section 1.       The Commission shall file all up-to-date amendments hereto with the Council of the District of Columbia and the Office of the Advisory Neighborhood Commission within seven (7) days of their adoption.

 

Section 2.       Revision of these Bylaws requires a two-third vote 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 Bylaws shall be consistent with all Congressional and District of Columbia legislation and other applicable laws regarding Advisory Neighborhood Commissions.  Any inconsistencies are null and void.  These Bylaws supersede all previously issued ANC 5B Bylaws. 

 

Section 4.       These Bylaws are available to the public.

 

 

 

Commission 5B Encompasses the Majority of: 

Woodridge * Queens Chapel

And Portions of:  

Rhode Island Avenue * North Michigan Park * Michigan Park *  Brookland