ARTICLE I
NEIGHBORHOOD COUNCIL PROGRAM
1. The City Council of the City of Oxnard ("the City") established the Neighborhood Council Program ("the Program") and approved these by-laws for adoption by each of the neighborhood councils that participates in the Program.
2. The purposes of the Program are to encourage neighborhood residents and property owners to take action to improve their neighborhoods; to foster cooperation and good will within neighborhoods; to promote greater understanding of the needs and expectations of the City's neighborhoods and of the City's responsibilities, efforts and limitations in responding to such needs and expectations; to provide a structure for advocacy of neighborhoods' interests; to facilitate communication within neighborhoods and between neighborhoods and the City; to allow neighborhoods to participate in City decisions affecting neighborhoods; to help the City identify neighborhood problems and needs; and to provide a process for neighborhoods and the City to respond to such problems and needs.
3. To provide a mechanism to facilitate two-way communication between residents and City government.
4. To encourage residents to undertake action programs to improve the physical and social environment of their neighborhoods.
5. To serve as an advocate of the interests of a neighborhood before any agency, public or private, or before any group or individual requesting the views of that neighborhood.
all rules and regulations are governened by city of oxnard
ARTICLE II
CITY FORMATION AND SUPPORT OF NEIGHBORHOOD COUNCILS
A. Each neighborhood council adopting these by-laws acknowledges that the City Council defines neighborhoods for purposes of the Program. The City Council may define neighborhoods as they are identified in the City's 2020 General Plan or otherwise.
B. A neighborhood as defined by the City Council for purposes of the Program may form a neighborhood council and participate in the Program and in the Inter-Neighborhood Council Forum ("INCF") if the City Council certifies that within 45 days before such certification at least eleven persons eighteen years of age or older who reside or own real property in the neighborhood attended the formation meeting, that a majority of those persons approved these by-laws, and that an interim executive board of at least three persons has been selected for the proposed neighborhood council.
C. The persons constituting the interim executive board shall meet the qualifications for executive board members set out in these by-laws. Such persons may volunteer or, on request of any person present at the meeting at which the interim executive board is selected, shall be selected by written ballot. Within one year after City Council certification, the neighborhood council shall conduct a regular election of executive board members as set out in these by-laws.
ARTICLE III
POWERS OF NEIGHBORHOOD COUNCILS
A. A neighborhood council may conduct official business only at general membership meetings and executive board meetings called and conducted in accordance with these by-laws.
B. A neighborhood council may address the needs of the neighborhood by any lawful means.
C. A neighborhood council may raise funds to support its activities.
D. A neighborhood council may initiate direct action programs, working alone, or in cooperation with private or public agency to respond to the needs of that neighborhood.
E. A neighborhood council may submit recommendations to the City Council and City staff concerning matters of interest to the neighborhood.
1.Recommendations adopted by majority vote of the general membership may be submitted in writing or may be presented verbally by the Chair or another member of the executive board designated by the Chair.
2.Recommendations submitted in writing to City staff shall be directed to City staff assigned to the Program, with a copy to the City Manager.
3.Recommendations submitted in writing to other agencies shall include submitting a copy of each recommendation to City staff assigned to the Program.
4.Recommendations adopted by majority vote of the executive board, which the executive board by majority vote finds to require transmittal to the City before a general membership meeting may be held, may be submitted as provided in subsection E(1) of this article, accompanied by the written or verbal statement that although such recommendations were approved by the executive board, they have not yet been acted on by the general membership.
A general member or an executive board member who submits to the City or another organization or person any recommendation that has not been approved by the general membership or the executive board shall accompany such recommendation with the statement that the recommendation is made in such member's individual capacity, and not on behalf of the neighborhood council.
ARTICLE IV
ORGANIZATION OF NEIGHBORHOOD COUNCILS
A. General Membership
For purposes of determining the vote of the general membership, the general membership consists of all persons eighteen years of age or older who reside or own real property in the neighborhood and who are present at the general membership meeting when the vote is taken.
Only a general member who is present at a general membership meeting may vote at the meeting.
Persons who conduct or are employed by businesses located within the neighborhood, but do not reside or own real property in the neighborhood, are not general members and may not vote. However, such persons may attend meetings of the general membership and participate in discussions as members of the public.
B. Executive Board
The executive board consists of the positions of Chair, Vice-Chair, Secretary and/or Treasurer, and may include from one to three Members-at-Large. As so constituted, the executive board shall consist of at least four, but not more than seven, members.
Each member of the executive board shall reside in the neighborhood, provided, however, that one Member-at-Large may be an owner of real property in the neighborhood who does not reside in the neighborhood.
No member of the executive board may hold an elective office with any public agency.
Each member of the executive board who is present at a meeting of the general membership or the executive board may vote.
C. Election of Executive Board
Each year, City staff assigned to the Program shall prepare a written notice for each neighborhood council, stating the date, time and location of the annual election meeting as determined by the neighborhood council and that the executive board will be elected at the annual election meeting from persons nominated at the meeting. At least three days, but not more than four weeks, before the annual election meeting, the executive board, or a person or persons designated by the executive board, shall distribute the notice throughout the neighborhood by leaving a copy of the notice on or near the front entrance of each residence. Failure of any person to receive notice shall not be grounds to cancel the annual election meeting or invalidate any vote taken at the annual election meeting.
At the annual election meeting of the general membership, general members and executive board members may nominate persons for a specific office who are eligible to hold such office and who are present at the meeting or who have notified the Secretary that they will accept nomination. Executive board members shall be elected by majority vote of the general members and executive board members attending the meeting from among persons so nominated.
The Secretary, or the Treasurer if no Secretary was elected, shall make a list of each person attending the annual election meeting who is eligible to vote and wishes to vote. At the discretion of the Chair, votes may be taken by group voice vote, individual voice vote or written ballot. Absentee or proxy voting shall not be permitted.
City staff assigned to the Program shall be custodian of all funds for an inactive neighborhood council until reactivated.
D.Term of Office
Each member of the executive board shall serve until a new executive board takes office, as provided in Article V, Section C. Ordinarily, the term shall be for one year, unless a successor is not elected at the annual election meeting or unless the executive board member was elected to fill a position that was vacated after the annual election meeting.
E. Duties
1.The duties of the Chair are to preside over all regular and special meetings of the general membership and of the executive board; to appoint all committees with the approval of a majority of the executive board in order to facilitate the work of the neighborhood council; to dissolve any committee with the approval of a majority of the executive board; to be an ex-officio member of all standing committees; to respond to questions from general members and executive board members concerning procedures followed by the neighborhood council and the business of the neighborhood council; and to perform other acts not in conflict with these by-laws as necessary and desirable for governing the neighborhood council.
2.The duties of the Vice-Chair are to perform the duties of the Chair in his or her absence and to promote participation in the neighborhood council.
3.The duties of the Secretary are to prepare and distribute an agenda for each meeting of the general membership and of the executive board; to keep minutes of all meetings of the general membership and of the executive board, including whether a quorum is present, and if so, the names of the persons constituting the quorum; to record motions made and whether the motions passed or failed; to note in the minutes any action taken on items on the agenda and items not on the agenda; to note in the minutes any correspondence received; to sign all minutes after approval by the general membership or the executive board; to carry on the official correspondence of the neighborhood council; and to perform the duties of the Treasurer if none is elected.
4.The duties of the Treasurer are to account for and keep safe any and all funds of the neighborhood council; to spend such funds only as authorized by majority vote of the general membership or the executive board taken at a meeting thereof; to prepare and present a statement of the neighborhood council's finances to the general membership at the annual election meeting; to prepare and present a statement of the neighborhood council's finances to the executive board or to the general membership at other meetings, as directed by a majority of the executive board; and to perform the duties of the Secretary if none is elected.
5.The duty of a Member-at-Large is to undertake special projects as directed by a majority vote of the executive board.
6.The duties of the executive board are to plan and direct the work of the neighborhood council; to prepare an agenda for each general membership meeting and executive board meeting and to represent the neighborhood council before any group or individual, subject to the direction and review of the general membership.
7.The general membership may by majority vote place an item on the agenda of a general membership meeting.
F. Committees
1.The Chair, with the approval of a majority of the executive board, may appoint standing committees to consider matters likely to be of long-term interest to the neighborhood council. The Chair, with the approval of a majority of the executive board, may appoint ad hoc committees to consider matters likely to be of short-term interest to the neighborhood council.
2.Standing and ad hoc committees shall meet as often as necessary to complete their work and shall present their findings and recommendations to the general membership at least once a year. The chairperson of each committee shall schedule meetings, notify committee members of the meetings, and advise the executive board of committee activities.
3.No committee or member thereof shall purport to represent the neighborhood council or present any findings or recommendations of the committee, except as directed by the general membership.
4.At the annual election meeting, all committees, whether standing or ad hoc, are deemed dissolved.
ARTICLE V
GENERAL MEMBERSHIP MEETINGS
A. A neighborhood council shall hold at least two general membership meetings each calendar year, including one meeting designated the annual election meeting.
B. Each January, City staff assigned to the Program shall prepare and distribute to each neighborhood council a schedule of dates for the annual election meeting of each neighborhood council. At the annual election meeting, the neighborhood council shall elect a new executive board, who shall take office at the end of the meeting; the current executive board shall report on its year's activities; and the current Treasurer shall present a Treasurer's report.
C. The current Secretary shall prepare and submit to City staff assigned to the Program the minutes of the annual election meeting, which shall include election results. If the election of the executive board is not completed at the annual election meeting, the neighborhood council shall hold such additional general membership meetings as are necessary to complete the election within 30 days of the date of the annual election meeting, and the new executive board shall take office when all new members have been elected.
D. At the annual election meeting, the general membership by majority vote shall schedule the remaining required general membership meeting. The meeting date may be changed by a majority vote of the general membership. During any meeting of the executive board, the executive board may schedule additional general membership meetings. The Secretary of the executive board, or the Treasurer if no Secretary was elected, shall distribute notice of the meetings throughout the neighborhood by leaving a copy of the notice on or near the front entrance of each residence. Failure of any person to receive notice shall not be grounds to cancel the meetings or invalidate any vote taken at the meetings. At such meetings, in addition to any other business, the general members by majority vote may fill vacancies in executive board positions.
E. On written request submitted to the Chair and signed by at least eleven (11) general members or executive board members of the neighborhood council, the Chair shall call and give notice of a general membership meeting and hold such meeting within four weeks of receipt of such written request.
F. A quorum for a general membership meeting shall be eleven members of the neighborhood council, consisting of nine general members and two executive board members.
ARTICLE VI
EXECUTIVE BOARD MEETINGS
A. Meetings of the executive board shall be scheduled at the request of the Chair or of a majority of the executive board. At least five days before each scheduled executive board meeting, the Secretary, or the Treasurer if no Secretary was elected, shall give written or verbal notice of such meetings to all members of the executive board who were not present when the meeting was scheduled. Failure of any executive board member to receive notice shall not be grounds to cancel the meeting or invalidate any vote taken at the meeting.
B. A quorum for an executive board meeting shall be a majority of the executive board members.
ARTICLE VII
RULES OF PROCEDURE
A. Open Meetings
All meetings of the general membership shall be open to the public. The Chair of each meeting, in his or her discretion, shall decide whether meetings of the executive board and standing and ad hoc committees shall be open to the public. No such meeting is subject to Government Code section 54950 et seq. (the Ralph M. Brown Act).
B. Records Available for Inspection
All minutes of general membership and executive board meetings and all financial records of the neighborhood council shall be made available for inspection within seven (7) days after receipt of a written request.
C. Orderly Conduct at Meetings
Persons attending general membership meetings and executive board meetings shall not disrupt the orderly conduct of the meetings. The Chair may direct a person attending such meetings to refrain from disrupting, delaying, preventing or disturbing the meeting and from addressing anyone other than the Chair. At the discretion of the Chair, and by majority vote of the general membership present at a general membership meeting or the executive board present at an executive board meeting, a person failing to comply with such direction may be required to leave the meeting.
D. Removal of Executive Board Members
The general membership, by majority vote taken at a general membership meeting, may direct the Secretary, or the Treasurer if no Secretary was elected, to place on the agenda of a future general membership meeting the recall of a member of the executive board.
At the meeting, proponents of the recall may address the general membership concerning the reasons to vote for the recall. Opponents of the recall may then address the general membership concerning the reasons not to vote for the recall. The Chair may allow each person no more than five minutes to address the issue of recall. Rebuttals may be allowed by majority vote of the general membership.
The general membership shall then vote on the recall. If a majority of the general membership present at the meeting votes in favor of the recall, the member of the executive board who is the subject of the recall shall be deemed recalled. The position shall be filled by majority vote of the general members; provided, however, that the person recalled may not be elected to that position for one year.
E. Interpretation of By-laws
The Chair, as directed by majority vote of the general membership, shall make a written request of the INCF to interpret any portion of these by-laws that is unclear or ambiguous. The written request shall identify the portion of the by-laws in question, describe the different interpretations to which the by-laws are subject, and request clarification from the INCF.
The general membership may, by majority vote, appeal the interpretation of the INCF to the City Council. The appeal shall be in writing, directed to the City Clerk, and shall state the reason for the general membership's disagreement with the interpretation of the INCF. The appeal shall attach copies of the request from the neighborhood council to the INCF and the INCF's response.
F. Amendment of By-laws
By majority vote of the general membership, a neighborhood council may request that the INCF recommend that the City Council amend these by-laws. The request shall be in writing, directed to the INCF Executive Secretary, and shall identify the portion of the by-laws to be amended, describe the reason for the amendment, and attach the proposed wording of the amendment.
The INCF Executive Secretary shall put the request on the agenda of an INCF general membership meeting to be held within six months of the date the INCF Executive Secretary receives the request. At such meeting the general membership of the INCF shall vote on the request. If a majority of the INCF general membership votes in favor of the request, the INCF Executive Secretary shall forward the request to the City Council, together with a letter stating that a majority of the INCF general membership recommends that the City Council grant the request to so amend the by-laws.
The City Council shall decide whether and how to amend the by-laws.
G. Adoption of Additional Policies and Procedures
These by-laws are intended only to provide a structure for the Program, not to provide detailed rules of procedure for the conduct of meetings or other business of neighborhood councils. Neighborhood councils are authorized and encouraged to adopt, by majority vote of the general members, additional written policies and procedures that are consistent with these by-laws. The general membership by majority vote may interpret and amend policies and procedures so adopted.
ARTICLE VIII
INTER-NEIGHBORHOOD COUNCIL FORUM
A. All neighborhood councils are encouraged to seek assistance from the INCF and to attend and participate in INCF meetings.
B. The general members of the INCF are the Chairs of all the neighborhood councils or their designees, as set out in the INCF by-laws. Each general member may vote at INCF meetings, as set out in the INCF by-laws.
ARTICLE IX
CITY SUPPORT
A. Consistent with the stated purposes of the Neighborhood Council Program and recognizing the special insight which its participants can provide, the City Council agrees to solicit and consider carefully information and recommendations from each Neighborhood Council regarding matters affecting the neighborhood.
B. Staff members of City departments will, to the extent practical, furnish information and assistance to the Neighborhood Council Program upon request of any Neighborhood Council.
C. City staff will provide, to the extent practical, supporting staff services including, but not limited to, staff services and advice as may be required to establish and maintain an active meaningful Neighborhood Council Program.
D. In adopting the City's annual operating budget in future years, the City Council shall, to the extent practical, appropriate funds to the Neighborhood Council Program sufficient to meet reasonable expense for paper, duplicating and postage.
ARTICLE X
DEEMING NEIGHBORHOOD COUNCIL INACTIVE
A. The executive board of the INCF may deem a neighborhood council to be inactive after finding either that such neighborhood council's annual election was not conducted and completed in accordance with these by-laws or that such neighborhood council did not conduct at least two general membership meetings in a calendar year.
B. An inactive neighborhood council may not participate in the Program or receive funding or staff support from the City.
C. The Chair of an inactive neighborhood council is not a member of the INCF.
D. An inactive neighborhood council may be reactivated and restored to participation in the Program by the procedure set out in Article II, Section B of these by-laws.
— END OF NEIGHBORHOOD COUNCIL BYLAWS —