BY-LAWS OF COMMUNITY BOARD NO. 8

BOROUGH OF BROOKLYN

ARTICLE I

NAME

1.1       The name of the organization shall be COMMUNITY BOARD NO. 8 of the Borough Of Brooklyn (hereinafter referred to as the “BOARD”).

ARTICLE II

APPLICABILITY

2.1       These By-Laws shall be the governing instrument of the Board, and shall conform to the applicable provisions of the New York City Charter (hereinafter the “Charter”) and other applicable provisions of law.  Nothing in these By-Laws shall be construed to change, modify or amend the Charter.  In case of conflict between the provisions of the Charter or other applicable law and the By-Laws, the provisions of the Charter or other applicable law shall govern.

ARTICLE III

GEOGRAPHIC AREA OF JURISDICTION

3.1       The geographic area of the Board’s jurisdiction generally consisting of the Prospect Heights, Weeksville and Crown Heights North communities or neighborhoods in the Borough of Brooklyn, shall be as is specifically designated as Community District No. 8 in the Borough of Brooklyn on the Community District Map as adopted and from time to time, as may be amended or modified.

ARTICLE IV

PURPOSES AND POWERS

4.1       The Board shall have those purposes and powers and perform those functions as specifically set forth in the Charter or other applicable provisions of law.

ARTICLE V

MEMBERSHIP

5.1       The Board shall consist of (a) not more than fifty members appointed by the President of the Borough of Brooklyn (hereinafter the “Borough President”), at least one-half of whom shall be appointed from nominees of the Council Members elected from Council Districts which include any part of the Community District and (b) all such Council Members as non-voting members.

5.2       Members appointed by the Borough President (hereinafter sometimes referred to as “appointed member (s) or “member (s)”) shall serve for a two-year term beginning on the first day of April, one-half in each odd numbered year in which they take office and one-half in each even numbered year in which they take office unless a member resigns in writing.  Members shall serve until their successors are appointed but no member may serve for more than sixty days after the expiration of his or her original term unless reappointed by the Borough President.

5.3       Members shall serve without compensation

5.4       (a)        Members shall diligently attend and participate in all general and special meetings of the Board.

(b)        Members are expected to serve on two standing or ad-hoc committees and shall regularly attend and participate in such committees.

(c)        Members are expected to be counted at all roll call votes at Board meetings.

(d)       The Chairperson of the Board may excuse an absence from the Board meeting for cause; the Chairperson of the standing or ad hoc committee may excuse an absence from that committee’s meeting for cause.  Excused absences shall not count as non-attendance or non-participation.

5.5       (a)   An appointed member may resign at any time by submitting a resignation letter to the Chairperson and the Secretary.  Such resignation shall take effect at the time specified therein or if no time is specified, the resignation shall be effective 30 days after the receipt of the letter.

(b)        An appointed member may be removed from the Board for cause by the Borough President. 

(c)An appointed member may be removed from the Board for cause by a majority vote of the Board, only after:
(i)         a two-thirds majority of the Executive Committee votes to recommend a removal hearing,
(ii)        service of written charges and specifications to the appointed member, at least 30 days prior to a scheduled hearing,  
(iii)       a scheduled hearing before the Board, at a general or special meeting, at which the appointed member shall have the right to respond to the charges and specifications, the right to counsel and the right to produce witnesses or evidence on his or her behalf.  The notice of the meeting shall include the hearing on its agenda. 

            (d)       Circumstances which may constitute cause for removal shall include, but shall not be limited to,
(i)         substantial non-attendance ( at Board meetings
(ii)        substantial non-attendance or non-participation in 2 standing or ad hoc committees of the Board
(iii)       substantial record of missed roll call votes at the Board meeting
(iv)       conduct detrimental to the Board

5.6       Any member appearing before a governmental agency, other entity or person or making a public statement which is in conflict with a position adapted by the Board shall not identify himself or herself as a member of the Board when making such statements.  No member shall represent the Board before any City or other governmental agency, or authority unless designated by the Chairperson or the Executive Committee.

ARTICLE VI

 ELECTION AND REMOVAL OF OFFICERS

6.1       (a)        The Officers of the Board shall be:

1. CHAIRPERSON

1. FIRST VICE CHAIRPERSON

1. SECOND VICE CHAIRPERSON

1. THIRD VICE CHAIRPERSON

1. SECRETARY

1. TREASURER

1. SERGEANT-AT-ARMS

(b)    Each officer shall be an appointed member of the Board in good standing and shall serve for a two-year term commencing on July first of the year of election, and continuing until resignation, removal, or a successor is elected.

6.2       (a)  At the regular meeting of the Board held in the month of March, a nominating committee consisting of not less than three nor more than five appointed members shall be appointed by the Chair. The nominating committee shall nominate at least one candidate for each office and publish their nominations in the official notice for the April meeting. All potential nominees must have served on the board since at least the preceding March.  No member of the Nominating Committee may be a nominee for office.

(b)  The election of officers shall take place every two years at the regular meeting of the Board held in the month of May.  Members of the Board may offer additional nominations from the floor.  The election of an officer shall be by a majority vote and by signed paper ballot only.  Proxy votes are not permitted.  If a candidate for a particular office does not receive a majority vote, a run-off election shall be held immediately at the same meeting between the two candidates receiving the highest number of votes for that office.

6.3       (a)        An officer may resign at any time by submitting a resignation letter to the Chairperson and the Secretary.  Such resignation shall take effect at the time specified therein or if no time is specified, the resignation shall be effective 30 days after the receipt of the letter.

(b)An officer may be removed from office for cause by a majority vote of the Board, only after:
(i)         a two-thirds majority of the Executive Committee votes to recommend a removal hearing,
(ii)        service of written charges and specifications to the officer, at least 30 days prior to a scheduled hearing, 
(iii)       a scheduled hearing before the Board, at a general or special meeting, at which the officer shall have the right to respond to the charges and specifications, the right to counsel and the right to produce witnesses or evidence on his or her behalf.  The notice of the meeting shall include the hearing on its agenda.  The removal of an officer from office shall not constitute a removal from membership on the Board.

            (c)        Circumstances which may constitute cause for removal from office shall include, but shall not be limited to,
(i)         substantial non-attendance at Board meetings
(ii)        substantial non-attendance at Executive Committee meetings
(iii)       substantial record of missed roll call votes at the Board meeting
(iv)       dereliction of the specific duties of the office as enumerated in Article VII
(v)        conduct detrimental to the Board

(d)       Upon the death, resignation, termination of Board membership, or removal of any officer, the vacancy created shall be filled by the Board.  The election to fill such a vacancy in office shall take place not later than the second regular meeting following the creation of the vacancy, and shall proceed otherwise according to Section 2 paragraphs a and b of this article.  Any officer elected to fill a vacancy shall hold office for the remainder of the unexpired term and until a qualified successor is elected.

ARTICLE VII

DUTIES OF OFFICERS

7.1       The Chairperson shall be the chief executive officer of the Board.  All reports required by the Charter shall be filed by the Chairperson.  The Chairperson shall preside at all meetings of the Board and shall be an ex-officio member of all committees except the nominating committee.

7.2       The First Vice-Chairperson, the Second Vice-Chairperson, and the Third Vice-Chairperson, successively, shall have any of the powers and perform any of the duties of the Chairperson if the Chairperson so directs, or if the Chairperson shall be incapacitated, or if there shall be a vacancy in the office of Chairperson until a qualified successor Chairperson shall be elected.

7.3       The Secretary shall cause the minutes of meetings and public hearings of the Board to be recorded and the records of the Board, including minutes, notes, resolutions, reports, communications and correspondence to be maintained in an orderly manner.  In addition, the Secretary shall have such powers and perform such duties as shall be assigned to the Secretary by the Chairperson of the Board.  In the absence of the Secretary, the Chairperson may designate any other Officer of the Board to act as secretary on a temporary basis.

7.4       The Sergeant-At-Arms shall be the executive officer who enforces order and shall cause records to be maintained showing the attendance of all members at meetings

7.5       The Treasurer shall cause the financial books and records of the Board to be maintained, shall report thereon to the Board and shall sign al checks, together with the Chairperson, the District Manager or any other officer.  If the Treasurer is incapacitated, the Chairperson and the District Manager, or the Chairperson and any other officer may sign instead.

ARTICLE VIII

COMMITTEES

1. The following standing committees shall be established:

1. EXECUTIVE

1. AGING (Seniors)

1. BUDGET  (All Chairs)

1. ECONOMIC DEVELOPMENT

1. EDUCATION (Libraries)

1. ENVIRONMENT AND SANITATION

1. FIRE/SAFETY

1. HEALTH, HOSPITALS, HUMAN SERVICES AND MENTAL HEALTH

1. HOUSING/LAND USE

1. PARKS AND RECREATION – CULTURAL AFFAIRS

1. POLICE

1. TRAFFIC AND TRANSPORTATION

1. YOUTH AND FAMILY SERVICES

8.2       Each standing committee shall consist of a committee Chairperson, a co-Chair, and a secretary whenever possible, such other appointed members of the Board as volunteer and are appointed by the Chairperson of the Board, and such other persons with a residence or significant interest in the community, who are not appointed members of the Board, as are appointed by the Chairperson of the Board.  The committee Chairpersons and co-Chairpersonsshall be appointed members, shall be appointed annually by the Chairperson of the Board.The Board may create such additional standing committees to cover additional substantive areas of responsibility as it deems necessary or advisable.  No person may serve as Chairperson of more than one standing committee.  When there is a vacancy in the committee Chairpersonship, or when the Chairperson, and the co-Chairperson if any, of a committee will be unavailable to conduct a meeting or hearing, the Chairperson of the Board, in his or her discretion, may appoint any appointed member of such committee, or any member of the Board’s Executive Committee, to conduct, on an ad hoc basic, a scheduled meeting or public hearing of such committee, or any public hearing of such committee which is mandated by law.

8.3       The Chairperson of each standing committee shall preside at committee meetings and at public hearings conducted by the committee, and shall file all committee reports with the Board, including records of the attendance of all committee members at such meetings and public hearings.  Each committee shall consist of a majority of appointed members.  Appointed members may be appointed to committees at any time during the year, or transferred from one committee to another, with the consent of the Chairperson and the committee Chairperson involved, as the needs of the various committees shall require.

8.4       An appointed member may be removed from a committee’s rolls by the committee Chairperson, for cause, provided that the Board Chairperson approves such removal.  Members of a committee who are not appointed members shall be dropped automatically from the committee’s rolls after missing three consecutive meetings.

8.5       The Board may, by resolution, establish such special committees as it shall deem advisable, or, upon the recommendation of a committee, may establish such sub-committees as it shall deem advisable.  Any such committee or sub-committee shall have and may exercise such powers as may be granted to it by such resolution.  The resolution may also provide for the composition of the special committee or of the sub-committee, the method of selection of its members, its purposes, its length of existence, and any other matters concerning its operation.  Any committee or sub-committee established by such a resolution may at any time be terminated by resolution of the Board.  A special committee or sub-committee, without a specified term existence, shall be deemed discontinued immediately following the annual Board elections next succeeding its creation, unless such special committee or sub-committee is specifically continued either by resolution of the Board of by public declaration of the newly elected Chairperson, which declaration shall be recorded in the minutes.

8.6       There shall be an Executive Committee, which shall have as its members the officers of the Board and the Chairpersons of each of the standing and special committees.  This committee shall meet regularly at least once a month and at the call of the Chairperson or upon the request of one-third of its members.  It may consider such matters as it deems advisable, and may make recommendations to the Board.  The Chairperson shall serve as the Chairperson of the Executive Committee.

ARTICLE IX

MEETINGS, QUORUM AND VOTING

9.1       (a) Except during the months of July and August, the Board shall meet at least once each month and shall conduct a public hearing whenever necessary within Community District No. 8.

1. At each meeting, the Board shall set aside time to hear from the public.

1. Regular monthly meetings of the Board shall be held on the second Thursday of each month, except if such Thursday is a holiday, the regular monthly meeting will be held the Wednesday before the holiday.

1. The meeting notices should be mailed out to Community Board members at least one week prior to the Community Board Meeting.

9.2       A special meeting of the Board shall be a meeting other than the regular monthly meeting and shall be called (a) by the Chairperson at his or her discretion (b) upon the written discretion of at least one-third of the appointed members of the Board.  A special meeting shall be called upon at least five days prior written notice, specifying the purpose of the meeting, agenda, time and place.  Only those matters specified in the notice may be considered.

9.3       Meetings and public hearings of the Board and committee meetings shall be conducted in accordance with the Open Meeting Law.

9.4       (a)        A majority of the appointed members of the Board shall constitute a quorum of the Board.

            (b)        Whenever any act is authorized to be done or any determination or decision is made by the Board, the act, determination or decision or the majority of the appointed members present entitled to vote during the presence of a quorum shall be held to be the act, determination or decision of the Board.

            (c)        All voting shall be in person and shall be conducted and recorded in accordance with the Open Meetings Law and the Freedom of Information Law.

9.5       (a)        No appointed members may vote on any matter before the Board or any committee of the Board which may result in personal and direct economic gain to the member or any person with whom the member is associated.

(b)        No appointed member who is an employee of the City of New York may vote on any matter before the Board or any committee of the Board which has been or may be considered by the employee’s agency.

            (c)        No appointed member who serves on the board of directors of a not-for-profit organization may vote on Board matters recommending funding by City agencies for such organizations.

            (d)       If a member has a conflict of interest and is not entitled to vote on a particular Board matter, such member after disclosure may thereupon participate in discussion of the matter.

            (e)        If a member is not entitled to vote because of a conflict of interest, then, in such event, the number of members entitled to vote on that matter is reduced and the majority required for passage is reduced accordingly.

1. “Roberts Rules of Order” shall govern parliamentary procedure at meetings and public hearings of the Board and at committee meetings to the extent that “Roberts Rules of Order” does not conflict with these By-Laws, the Charter or other applicable law, rule or regulation.

ARTICLE X

PUBLIC HEARINGS

10.1     Public hearings of the Board shall be held on matters mandated by the Charter or by other provision of law, rule or regulation and on all such other matters as the Board may deem advisable.

10.2     Notification of the date and location of a public hearing and distribution of such notification shall be in accordance with the provisions of Section 4.030 of the “Uniform Land Use Review Procedures” for matters mandated thereby and by flyers and/or notice in the local press for other public hearings unless other notice is required by law, rule or regulation.

10.3     Public hearings shall be conducted in conformity with the provisions of Sections 4.040 and 4.050 of the “Uniform Land Use Review Procedures” when required, in all other cases the conduct of public hearings shall be determined by resolution of the Board.

ARTICLE XI

DISTRICT MANAGER AND BOARD OFFICE

11.1     (a)        The Board shall appoint a District Manager pursuant to the provisions of the Charter.  Such District Manager shall serve at the pleasure of the Board and shall be in charge of the operation of the Board office, shall be responsible for processing service complaints, shall preside over the meetings of the District Service Cabinet and shall perform such other functions as are mandated by the Charter and as may be assigned to the District Manager by the Chairperson and/or the Board.

            (b)        A District Manager shall be appointed by the Board from candidates presented by a search committee which shall consist of not less than three or more than five appointed members elected by the Board.  The search committee shall elect its Chairperson and to the extent possible shall present at least three candidates for the position of District Manager for consideration by the Board.  The search committee and the Board shall comply with the rules and procedures of the New York City Department of Personnel in conducting the outreach and selection of a District Manager.  Public notice of the availability of the position of District Manager shall be made in the local news media, notification of community organizations and other appropriate means.  Such notice shall provide sufficient opportunity for interested persons to apply.

            (c)        The District Manager shall be paid such compensation as shall be determined by the Board or fixed by law.

11.2     The Board may employ such other assistants as it may require within the budgeted appropriations for such purposes or funds contributed for such purpose.  The Board, in the manner provided by law, may remove such other assistants as it may have required.

11.3     The Board may remove a District Manager upon the written recommendation of the Executive Committee specifying the reasons for such recommendation and after serving a copy of the recommendation on the District Manager.  The Board at a regular or special meeting held upon at least ten days prior written notice shall consider such recommendation and, after giving the District Manager an opportunity to respond, may upon motion duly made adopt a resolution removing the District Manager.

ARTICLE XII

AMENDMENTS

12.1     These By-Laws may be amended by resolution of the Board adopted after two consecutive regular meetings by a majority vote of the Board at the third consecutive meeting.  The full text of the proposed amendment shall be included in the notice of each such meeting.  Amendments shall take effect immediately.

Last amended on January 10, 2008.