BYLAWS OF THE NORTH END/WATERFRONT NEIGHBORHOOD COUNCIL
(Revised February 13, 2012)
ARTICLE I. NAME AND PURPOSE OF ORGANIZATION
SECTION 1. NAME
The name of this organization shall be the North End/Waterfront Neighborhood Council, (“NEWNC”) hereinafter referred to as the Council, and will be comprised of twelve (12) elected members.
SECTION 2. PURPOSE
A program for neighborhood councils has been established for certain neighborhoods of the City of Boston by the Mayor’s Office of Neighborhood Services in an effort to increase communication between the neighborhoods and City departments and agencies. The Council program is organized to provide structured participation in the City’s decisions affecting land use, development, delivery of services and the quality of life in a particular neighborhood. Through this process, a partnership has been created between the North End/Waterfront Neighborhood Residents and the City of Boston to maximize the ability of NEWNC to participate fully as an advisory board in municipal affairs.
ARTICLE II. MEMBERSHIP
SECTION 1. ELIGIBILITY FOR MEMBERSHIP
Membership on the Council is open to all residents of the North End/Waterfront Neighborhood. A member must be at least eighteen (18) years of age (Note: The North End/Waterfront Neighborhood for the purposes of membership shall be defined as the area outlined in the attached map marked as Appendix I.).
SECTION 2. NEIGHBORHOOD COUNCIL AREAS OF RESPONSIBILITY
The Council, via its standing committees, is responsible for those areas of interest outlined in Article V, Section 3.
ARTICLE III. MEETINGS
SECTION 1. GENERAL REQUIREMENTS
The Council shall meet on the 2nd Monday of the month, at 6:00 P.M. in Executive Session and at 7:00 P.M. sharp for the general public, and at least ten (10) times per year. To the best of each Council member’s ability, every effort must be made to attend promptly at 6:00 P.M. In the event of a holiday on the 2nd Monday of a month, the meeting will be held on the 2nd Tuesday of that month. All regularly-scheduled meetings of the Council shall be open to the public. Notice of the time and place for the holding of said regularly-scheduled meetings shall be advertised by the publication in a newspaper of general circulation in the neighborhood, by mailing, by electronic mail, by internet notification, or in any other manner as the Council determines will ensure the broadest notification to the neighborhood. Notices of meetings to members, officers or committee members shall be in accordance with Article X. Public notice, including publication on the Council’s website (www.newncboston.org) of regularly scheduled meetings of the Council should include the Agenda, if possible, for such meetings.
SECTION 2. SPECIAL MEETINGS
Special meetings of the Council may be called at the request of a simple majority* of the members. At such special meetings, there shall only be considered such business as is specified in the notice of the special meeting. Notice shall be either in writing or e-mail to all Council members at least three (3) days prior to said meeting. The special meetings may be held in Executive Session if the simple majority of the members deems such action is necessary.
*A simple majority is defined as one-half of the total membership plus one.
SECTION 3. QUORUM
At all meetings of the Council, either regular or special, a simple majority of the Council membership shall constitute a quorum. If a quorum is not present, the presiding officer may adjourn the meeting to a day and hour fixed by the presiding officer.
SECTION 4. RULES OF ORDER
Roberts’ Rules of Order shall apply in all instances not covered by the Bylaws.
SECTION 5. VOTING
Each member shall have only one vote per agenda item at all meetings of the Council and at all committee meetings. Decisions and/or recommendations of the Council and committees shall be made by a simple majority vote of the members present, provided a quorum exists, unless otherwise provided in these Bylaws. Such decisions and/or recommendations of the Council shall be in effect for only one calendar year. There shall be no proxy voting. The Council may take advisory votes or votes which are non-binding. The Members may not abstain from voting under any circumstances unless they recuse themselves under the conflict of interest section.
SECTION 6. PUBLIC PARTICIPATION
At each regularly-scheduled Council meeting, the agenda shall include a period of fifteen (15) minutes for public participation which shall be limited to five (5) minutes per person, per agenda item, with two (2) rebuttals maximum unless otherwise allowed at the discretion of the President.
During this time period, which will take place at the end of each NEWNC meeting, the public may address a public need issue or area of public concern. If applicable, the public may present documentation related to a particular public need issue or area of public concern.
ARTICLE IV. ELECTION OF MEMBERS AND OFFICERS
SECTION 1. ELECTION OF MEMBERS
The election to the Council will be held during the month of May in accordance with the Election Plan identified as Appendix II.
For the purposes of continuity and working knowledge based on experience, the number of persons being elected annually, for a two-year term, will be staggered so that six (6) persons will be elected one year and six (6) persons the following year.
SECTION 2. TERMS OF OFFICE FOR MEMBERS
Each member of the Council shall serve for a period of two (2) years or until such time as his/her successor assumes office.
SECTION 3. VACANCIES OF MEMBERS
If the number of Council members falls to ten (10) members, the next highest receiver of votes from the most recent NEWNC election may be elevated to an elected NEWNC Council member at the discretion of the Council.
SECTION 4. ELECTION OF OFFICERS
The Council shall elect from among the members a President, a Vice-President, and a Secretary. The meeting of the Council to elect officers shall be held in June following the annual election for members. Nominations for officers shall be made during an executive session meeting to be held within a week after the Saturday election in May. At this meeting, any Council member nominate another Council member for office. Nominees must be in attendance in order to be nominated. Nominees shall indicate their willingness to accept the nomination at the time they are nominated either in person or in writing. Every elected member must serve on the Council for at least one year before being nominated for any position.
Any number of nominations may be made for each office. No member may hold more than one (1) office within the Council during the same term of office. Elections are to be by written ballot and by a plurality vote of the membership Council.
SECTION 5. TERMS OF OFFICE FOR ELECTED OFFICERS
The term of office for the President, Vice-President, and Secretary shall be for a term of one (1) year commencing immediately after election and until such time as his/her successor assumes office. Elected officers shall not serve for more than three (3) consecutive terms in the same office.
SECTION 6. ADDITIONAL OFFICERS
If the Council deems it appropriate, additional positions may be established using the same election process from Section 4, supra.
SECTION 7. VACANCIES IN OFFICE
A plurality vote of the total Council members is required to fill a vacancy of the office. No officer will automatically succeed another officer.
ARTICLE V. COMMITTEES
SECTION 1. DUTIES OF COMMITTEES
Committees shall perform those duties assigned to them by the membership and/or Executive Committee, and report back on such findings, conclusions or activities to the membership and/or the Executive Committee.
SECTION 2. MEMBERSHIP
Committees will be formed at the first (1st) meeting in July. Any member is eligible to serve on any committee. A member may volunteer on any committee of his/her choice. The Council will elect the chairperson and vice-chairperson of each committee. Election of the chairperson by the full Council must be made by the July meeting. The President of the Council will serve ex officio on all committees. No Council member shall be chairperson of more than one standing committee.
SECTION 3. STANDING COMMITTEES
The purpose of standing committees shall be to address the issues impacting the community. The President will facilitate the formation of all standing committees. The functions of the following four (4) standing committees are described in the attached Appendix III:
a) Public Safety
b) Greenway
c) Resident Parking & Traffic
d) Election Committee (Incumbents up for re-election cannot serve on this committee. Six (6) NEWNC members not running in an upcoming election are automatically Committee members.)
SECTION 4. OTHER COMMITTEES
(a) Ad Hoc Committees
Ad hoc committees may be formed upon passage of a motion by a majority of the Council at a regular business meeting. Any ad hoc committee may be dissolved by a vote of a majority of the Council. Criteria for dissolution shall include, but shall not be limited to, completion of the committee goals or assignments or a determination that the committee is failing to achieve its goals or assignments.
(b) Rules and Bylaws Committee
The Bylaws Committee shall consist of at least three (3) members of the Council appointed by the Council President with the approval of the Council. It shall receive and initiate proposed amendments to the Bylaws and it shall present proposed amendments and revisions to the Bylaws to the Council for approval. The Bylaws Committee shall review the Bylaws at least every two (2) years or as deemed necessary by the Council as outlined in Article XI, Section 1.
SECTION 5. TERM OF SERVICE
The term of service on standing committees shall be one (1) year.
ARTICLE VI. EXECUTIVE COMMITTEE
SECTION 1. COMPOSITION OF THE EXECUTIVE COMMITTEE
The Executive Committee shall consist of the President, the Vice-President, and the Secretary. The President of the Council shall be considered the presiding officer of the Executive Committee.
Any individual has only one vote on the Executive Committee, regardless of the number of his/her functions.
SECTION 2. DUTIES OF THE EXECUTIVE COMMITTEE
The Executive Committee shall serve as a conduit for the smooth operation of the Council. It shall:
(a) Have all the powers of the Council to transact business of an emergency nature between Council meetings or to perform other specific duties as the Council may request, provided that none of these actions shall modify or conflict with any action taken by the Council.
(b) Recommend policy, present proposals to the full membership and set priorities for regular meetings of the full Council.
(c) Report in full all of its transactions at the next regularly-scheduled meeting of the Council.
SECTION 3. FREQUENCY OF MEETINGS
The Executive Committee shall meet at the call of the President or at the request of any members of the Executive Committee at a time and place mutually agreed upon with a simple majority of the Executive Committee constituting a quorum.
The Executive Committee may, in the interest of efficiency, conduct administrative business via email to expedite the business of the Council. Transcripts of email correspondence shall be made available to other members of the Council upon request.
ARTICLE VII. POWERS, DUTIES AND CONDUCT OF MEMBERS
SECTION 1. POWERS
Having been empowered to enter into a partnership with the City of Boston for full participation in municipal affairs, the Council will function as the decision-making body for all recommendations and proposals as they pertain to the quality of life in the North End/Waterfront area as incorporated in Article I, Section 2.
SECTION 2. DUTIES OF MEMBERS
A member may make recommendations, proposals and present information to the Council and its committees for communication by the Council to the City of Boston or any other party.
SECTION 3. NO AUTHORITY TO IMPOSE LIABILITY ON MEMBERS
The Council shall not impose any liability or levy any assessment upon the members, officers, or committee members. No Council member shall incur any liabilities or expenses on behalf of the Council.
SECTION 4. CONDUCT OF EACH MEMBER
A member, officer or committee member shall conduct himself/herself in a professional manner and work in cooperation with other members toward common goals and achievements for the well-being of the neighborhood, and in conformity with the terms of these Bylaws. Further, no member shall write, speak or present himself for the Council without prior approval from the majority of the Council.
Abusive language, threats and disruptive actions by any member, officer or committee member will not be tolerated. Anyone who engages in such behavior will receive a maximum of two (2) oral warnings during any one meeting from an officer and may be subject for removal at the next scheduled meeting as stated in Article IX, Section 1.
SECTION 5. CONFLICT OF INTEREST
All Council members shall disclose possible conflicts of interest prior to participating in any Council deliberations in which said conflict arises. A Council member shall not vote on any matter in which he/she has a conflict of interest. Any Council member so affected by this Section is required to recuse himself/herself from the agenda item, both during the Executive Session and the public meeting. The Council member is not required to recuse himself/herself for the entire meeting at which he/she has a conflict.
A member is deemed to have a conflict when he/she, an immediate family member, or an employer is making a presentation to the Council. A member with a conflict of interest in a presentation before the Council is required to declare his/her potential conflict to the Council during the Executive Session. To the extent that it is applicable in defining conflict of interest, M.G.L.A., c.268A is applicable (See Appendix IV).
ARTICLE VIII. POWERS AND DUTIES OF OFFICERS
SECTION 1. PRESIDENT
The President shall perform his/her duties in a manner dutifully responsive to the members of the Council and other officers. The President shall be responsible for creating the agenda and maintaining order at meetings. The President shall provide leadership and encourage public participation in open meetings of the Council and shall communicate with all the appropriate government agencies on matters regarding the Council. At his/her discretion, the President may express in speeches, or in writing, the adopted policies of the Council. The President, and only the President, can authorize the use of Council stationery, provided that such use is in a manner consistent with actions approved by the full Council, and all correspondence must be available for review.
SECTION 2. VICE-PRESIDENT
The duties of the Vice-President shall be to act on behalf of the President in the temporary absence of the President. The Vice-President shall read the meeting’s protocol at the beginning of each meeting.
SECTION 3. SECRETARY
The Secretary shall keep the minutes of all regular and special meetings of the Council and shall, if requested, read such minutes at the beginning of each meeting for approval. In the absence of both the President and Vice-President, the Secretary shall preside and assume the duties of the President.
The Secretary will coordinate and oversee the keeping of an official record of the Council meetings, including but not limited to, taking minutes and establishing an attendance list.
ARTICLE IX. REMOVAL OF MEMBERS, OFFICERS AND COMMITTEE MEMBERS
SECTION 1. REMOVAL
Members, officers, and committee members will be removed from the Council if they miss a total of three (3) regularly-scheduled General Council Meetings per year. However, removal for three (3) absences is not automatic if just cause can be shown. Just cause includes, but is not limited to, work related absences, familial responsibilities, or any other absence the Council determines to be justified.
The removal of a Council member is subject to a vote by the Council. The Council member in question may not participate in the vote, and the removal is decided by a two-thirds (2/3) vote of the full Council.
Members, officers and committee members can also be removed for just cause, subject to a two-thirds (2/3) vote of the full Council. Just cause shall include, but not limited to, violations of Article VII, Sections 5 and 6 of these Bylaws.
ARTICLE X. CORRESPONDENCE SENT TO A COUNCIL MEMBER
SECTION 1. CORRESPONDENCE
As it is in the common interest of the neighborhood served by the Council to have an open and informed Council, all Council Members will receive prompt notice of all correspondence sent to any party by any member, officer or committee member pertaining to Council business.
All initial correspondence, non-administrative in nature, sent to any Council member, shall be made available to all other Council members through e-mail. All additional correspondence on the same issue, will be made available to any Council member upon request.
ARTICLE XI. CHANGES/AMENDMENTS TO BYLAWS
SECTION 1. PROCEDURE
These Bylaws may be amended by a two-thirds (2/3) vote of the Council at a regularly-scheduled monthly Executive Session meeting held subsequent to a regular monthly meeting at which a resolution in writing providing for such amendment shall have been read. Notice of the proposed amendment shall be given to the Council at least ten (10) days prior to the second meeting.
APPENDIX I. MAP
Updated map will be inserted.
APPENDIX II. ELECTION PLAN
1. Overview
For the purposes of continuity and working knowledge based on experience, the number of persons being elected annually, for a two-year term, will be staggered so that six (6) persons will be elected one (1) year and six (6) persons the following year.
The Council will conduct its own election with the assistance of those Council members who are not seeking election that day and staff members of the City’s Neighborhood Services Department, along with voting lists and equipment from the City’s Election Department.
The Council may avail itself of all pro bono forms of notification, i.e., neighborhood papers, local publications, blogs, bulletins in store windows, house drops, etc. to publicize both the election and the Candidates’ Night.
2. Schedule of Election Events
A. Full Council Meeting in April
i. Date of Election to be chosen (See Article IV, Section 1).
ii. Date for Candidates’ Night to be set (ideally the Monday before the election).
iii. Select the Council member to head the Election Team. The Council member heading the election committee shall not be a candidate for re-election.
iv. Appoint an Election Committee for both the Election and the Candidates’ Night. Its duties are as follows:
B. Nomination Papers
i. Distribution of nomination papers will be handled under the direction of the Election Committee at one central location (the Nazzaro Center) beginning on the third Friday of April and must be returned completely with proof of resident by the first Friday in May of every year at 6 P.M.
ii. When nominations are closed, the ballot is prepared. The order of how the names will appear on the ballot is done by random drawings at the May meeting.
iii. Candidates are notified by the Election Committee that their nomination papers are in order and a sample ballot will be mailed to them so that they will know with whom they are running. Throughout the process Council members should be kept informed.
C. Candidates’ Night
i. The Candidates’ Night will be held during the regularly scheduled May Meeting.
3. Who May Vote?
A. Residents of the North End/Waterfront community who are 18 years or older as of the election date.
4. Who is a Resident?
A. Anyone who appears on the City of Boston’s most recent census list or;
B. Anyone who does not appear on the most recent census list but can produce adequate proof of residency.
5. What is Adequate Proof of Residency?
A. At a minimum, individuals who do not appear on the most recent census must produce at least one form of identification with a photograph that has a date of birth (unless age is not a question) and a utility bill, bank statement or lease in that person’s name that reflects a North End residency. More than one election official at the polling location shall decide the sufficiency of the proof of residency.
6. What is Included in the North End/Waterfront Community?
A. The area within Precincts 1, 2, 3, 4 of Ward III and the Waterfront Area Precinct 6.
7. VOTING PROCEDURES
8. COUNTING OF BALLOTS
APPENDIX III. STANDING COMMITTEES
- PUBLIC SAFETY
- GREENWAY
- RESIDENT PARKING & TRAFFIC
- ELECTION COMMITTEE
APPENDIX IV. CONFLICT OF INTEREST
CONDUCT OF PUBLIC EMPLOYEES M.G.L.A., c.268A §23
§23. Supplemental provisions; standard of conduct
Section 23. (a) In addition to the other provisions of this chapter, and in supplement thereto, standards of conduct, as hereinafter set forth, are hereby established for all state, county, and municipal employees.
(b) No current officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:
(1) accept other employment involving compensation of substantial value, the responsibilities of which are inherently incompatible with the responsibilities of his public office;
(2) (i) solicit or receive anything of substantial value for such officer or employee, which is not otherwise authorized by statute or regulation, for or because of the officer or employee’s official position; or (ii) use or attempt to use such official position to secure for such officer, employee or others unwarranted privileges or exemptions which are of substantial value and which are not properly available to similarly situated individuals;
(3) act in a manner which would cause a reasonable person, having knowledge of the relevant circumstances, to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position or undue influence of any party or person. It shall be unreasonable to so conclude if such officer or employee has disclosed in writing to his appointing authority or, if no appointing authority exists, discloses in a manner which is public in nature, the facts which would otherwise lead to such a conclusion; or
(4) present a false or fraudulent claim to his employer for any payment or benefit of substantial value.
(c) No current or former officer or employee of a state, county or municipal agency shall knowingly, or with reason to know:
(1) accept employment or engage in any business or professional activity which will require him to disclose confidential information which he has gained by reason of his official position or authority;
(2) improperly disclose materials or data within the exemptions to the definition of public records as defined by section seven of chapter four, and were acquired by him in the course of his official duties nor use such information to further his personal interest.
(d) Any activity specifically exempted from any of the prohibitions in any other section of this chapter shall also be exempt from the provisions of this section. The state ethics commission, established by chapter two hundred and sixty-eight B, shall not enforce the provisions of this section with respect to any such exempted activity.
(e) Where a current employee is found to have violated the provisions of this section, appropriate administrative action as is warranted may also be taken by the appropriate constitutional officer, by the head of a state, county or municipal agency. Nothing in this section shall preclude any such constitutional officer or head of such agency from establishing and enforcing additional standards of conduct.
(f) The state ethics commission shall adopt regulations: (i) defining substantial value; provided, however, that substantial value shall not be less than $50; (ii) establishing exclusions for ceremonial privileges and exemptions; (iii) establishing exclusions for privileges and exemptions given solely because of family or friendship; and (iv) establishing additional exclusions for other situations that do not present a genuine risk of a conflict or the appearance of a conflict of interest.