By-Laws | Brooklyn Community Board 11

City of New York
Brooklyn Community Board 11
2214 Bath Avenue
Brooklyn, New York 11214

Amended February 9, 1995

Table of Contents

	Article	Sections	Page
I	Name		1
II	Purpose	1	1
III	Membership	1-4	1
IV	Officers	1-5	4
V	District Manager	1-5	6
VI	Committees	1-5	8
VII	Meetings	1-7	10
VIII	Parliamentary Authority		12
IX	Amendments		12

In addition to these By-laws Community Board 11 will adhere to the provisions of the New York City Charter and the New York State Open Meeting Laws.

COMMUNITY BOARD 11 BY-LAWS

ARTICLE I – NAME

This article shall be known as Community Board No. 11 of the Borough of Brooklyn, City of New York, herein after referred to as the Board.

ARTICLE II – PURPOSE

SECTION 1. GENERAL PURPOSES

The general purpose of the Board shall be to:

Consider the needs of the District and develop plans for the District’s welfare and orderly development.
Advise the Borough President, City Planning Commission and all City agencies with respect to any matter relating to the welfare of the District and its residents.
Assist City Departments and agencies in making contact with and transmitting information to the people of the District.
Keep the public informed on matters relating to the welfare and development of the District.
Such other purposes as set forth in the New York City Charter as amended by the voters in November 1989.

ARTICLE III – MEMBERSHIP

SECTION 1. MEMBERS

The Board shall consist of not more than fifty (50) members who have a residence, or a business, professional or other significant interest in the District. The Borough President of Brooklyn shall appoint all of these members. The Council members elected from Council Districts shall nominate half of the membership, which include any part of the community district.

The number of members appointed on the nomination of each such council member shall be proportional to the share of the District population represented by such council member. Members appointed to any community board shall serve for a term of two years beginning on the first day of April. Members shall serve until their successors are named, 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.
Council members elected from council districts which include any part of the community board are non-voting members.
Not more than one-quarter of the appointed members shall be a City employee. For the purposes of this subsection, employees of the following City Agencies are not to be considered “City” employees within the purview of the Corporation Counsel’s opinion No.108459, dated 27th June 1977: Metropolitan Transit Authority, Public Library, Board of Education, Off-Track Betting, Health & Hospitals Corporation, and C.E.T.A.
The Board may include on its committees, persons with a residence or significant interest in the community who are not Members of the Board (but each committee chairperson must be a Board Member). Such persons may be, but are not limited to, former Members of the Board, or persons awaiting membership. They shall be known as Invitees.
All appointed Members shall serve on the Board in their capacity as private citizens only. Their actions shall not be construed by or responsible to any other organization with which they may be affiliated. Any members participating in the Board’s consideration of a matter involving self-serving or conflict of interest, shall identify such interests, and abstain from voting on such matters.
Any appointed Member appearing before a governmental body or otherwise making a public statement which conflicts in any respect with positions adopted by the Board, must identify himself as making the statement in opposition to the established position of the Board. No Member shall represent the Board’s position before any City agency or authority unless designated to do so by the Board Chairperson.
All appointed members shall serve without compensation.

SECTION 2. TERMS OF MEMBERS

Members shall serve for overlapping terms of two years, one-half of the membership being renewed each year. They may be re-appointed.

SECTION 3. CHANGE OF STATUS OF BOARD MEMBERS

In the event that a Member ceases to be a resident of the community district, or removes his professional or business office from said community district, he automatically loses his Board seat.

SECTION 4. REMOVAL OF BOARD MEMBER

An appointed member may be removed from a Community Board for cause, which shall include substantial nonattendance at Board or Committee meetings over a period of six months, by the Borough President or by a majority vote of the community board. Vacancies among the appointed members shall be filled promptly upon the occurrence of the vacancy by the Borough President for the remainder of the unexpired term in the same manner as regular appointments.
Absence is defined as follows:
- Failure to attend a regularly scheduled meeting of the Board.
- Failure to attend a special meeting of the Board to which the Member has been specially summoned.
- Failure to attend a meeting of hearing of a City Agency or Community organization, to which the Member has been assigned by the Chairperson and has agreed to attend; and
- The chairperson is empowered to excuse any of the above absences for cause.
Three unexcused absences, or more than fifty percent (50%) nonconsecutive unexcused absences in any year, shall be considered substantial non-attendance. The Chairperson may recommend, or any individual Member may bring, a motion for dismissal, at a regularly scheduled monthly meeting.
The Member in question must be afforded the right-to a hearing, if he so desires, at which he shall be the right to counsel, and the right to produce witnesses in his behalf.
Careful attendance records shall be kept by the Secretary, or a Member so designated by the Chairperson.

ARTICLE IV – OFFICERS

SECTION 1. TITLES & SUCCESSION OF OFFICERS

The officers of this Board shall be:

Chairperson
First Vice-Chairperson
Second Vice-Chairperson
Secretary
Treasurer

SECTION 2. DUTIES & POWERS OF OFFICERS

Each Officer shall perform such duties as are incident to his office in accordance with generally accepted rules of parliamentary procedure.
The Chairperson shall perform all duties as prescribed in the City Charter, and any other duties prescribed under law, and these By-laws. The Chairperson:
- Be Chief Executive of the Board.
- Preside at all regular and special meetings of the Board.
- Have the authority to appoint all committees and their Chairperson. Such committees as appointed by the Chairperson, shall serve at the pleasure of Chairperson. A person, not a member of the Board, may be appointed to a committee in keeping with the pertinent section of the City Charter.
- Have the power to decide all questions of Law and Procedures pursuant to these By-Laws, subject to an appeal from the ruling of the chair, such appeal to be decided by a majority of the quorum.
- Turn over all records to his or her successor.
- To perform all duties as prescribed in the City Charter and any other duties prescribed under law.
- Shall serve as the Boards representative to the BROOKLYN BOROUGH BOARD.
- Serve in whatever capacity is required mandated bylaw.
- To authenticate all acts, orders and proceedings of the Board, to be the spokesperson for the Board in relation to the news media, agencies of government and the public at large, except as the Chairperson shall otherwise specifically authorize.
- The Chairperson shall have the power to delegate any and all of the powers enumerate above to any Member of the Board.
FIRST VICE CHAIRPERSON in the absence of the Chairperson, shall assume all duties and responsibilities of the Chairperson. In the event the Chairperson is unable to perform his duties or exercise his powers as set forth by these By-Laws, the same shall be performed and exercised by the First Vice Chairperson. In so acting, the First Vice-Chairperson shall have all the powers, and be subject to all the responsibilities that are vested in and imposed upon the Chairperson, for the duration of the elected term.
SECOND VICE CHAIRPERSON shall assume the duties and responsibilities as indicated above, in the absence of both the Chairperson and the First Vice Chairperson.
SECRETARY shall be responsible for: taking and keeping of the minutes of the regular and special meetings of the Board; collecting and filing all minutes of committee meetings, and public hearings. The Secretary shall be the custodian of the Board records and such records shall be open to public inspection in accordance with the provisions of the NYS Freedom of Information Act. The Secretary shall present to the Board at its meeting appropriate communications addressed to the Board. The Secretary shall attend to all appropriate correspondence and perform all duties incidental to the Office of Secretary, including the distribution of minutes. In the absence of the Chairperson, the First Vice Chairperson and the Second Vice-Chairperson, he shall preside at the meeting.
TREASURER shall keep up-to-date financial records of the Board. He shall render a Treasurer’s report at each regular monthly meeting, so that the Members are apprised at all times of the amount of money in the account of this Board, out of its Budget, in the Borough President’s office. The Treasurer shall be responsible for keeping and filing copies of all vouchers. Such records shall be open to the inspection of any Member and the public upon request in accordance with the provisions of The NYS Freedom of Information Act.
SERGEANT AT ARMS shall maintain order and decorum at meetings.

SECTION 3. TERMS OF OFFICERS

The officers of the Board shall serve for a term of one (1) year, with the exception of the slate of officers who were elected in December 1989. These officers will serve until June 30, 1991, due to the charter changing appointments of the Board members from January to April and elections held in June.
In the event of a vacancy in any office, whether by resignation, continuous absence, or the like, the succeeding or replacement officer shall serve out the term of the original elected.

SECTION 4. NOMINATION AND ELECTION OF OFFICERS

The Nominating Committee shall make the nomination of candidates for office. The committee shall meet as often as necessary and shall inform the Board of its recommendations at the regular monthly meeting in May prior to the date of election, which shall be in June.
At the reporting meeting in May, nominations shall be accepted from the floor.
The Chairperson shall cause to be mailed to all Board members, no later than ten (10) days prior to the election, a listing of the names of all members nominated either by the Nominating Committee, or from the floor. Only those names, which are submitted in this manner, shall be acted upon by the Board. Nominations may be permitted at the meeting when elections are to be held.
The election of officers shall be conducted at the regular June meeting, and the election of an officer shall be determined by a majority vote of the membership present. No proxy votes may be cast.
In the event that a candidate does not receive a majority of all votes cast, a runoff election shall be held immediately, at the same meeting, between the two candidates receiving the highest number of votes for that office.

SECTION 5. REMOVAL OF OFFICERS

The Board may remove any elected officer for cause by a three quarters (3/4) vote of those Members present at any meeting duly called. Written notice of intention to seek removal of an elected officer at a duly authorized meeting must be provided to the Board members, stating cause, then days in advance of said meeting, and said officer shall have the right to a hearing (should he/she desire), and be represented by counsel, and shall have the right to call witnesses.

ARTICLE V – THE DISTRICT MANAGER

SECTION 1. CHOICE OF THE DISTRICT MANAGER

The Board shall appoint a District Manager who shall be an employee of the Board.

SECTION 2. THE SEARCH COMMITTEE

the Chairperson shall appoint a Search Committee, which shall interview candidates, and report back to the full Board. The Search Committee shall prepare a list of the desired qualifications for the office pursuant to the Department of Personnel guidelines.

The Search Committee shall make known that the position is open, and invite applications, by advertising in the local and professional publications and other media.

When the Search Committee has allowed a reasonable time for responses to its solicitations, it should examine requested resumes and references from all applicants and eliminate any who appear not to merit possible appointment. Those who pass the first examination will be interviewed separately.

After the interview, the Search Committee shall meet and decide, whether any of the applicants meet the standards set forth in the Department of Personnel guidelines.

The Search Committee shall make its recommendation of a candidate or candidates to the full Board at a regular meeting of the Board.

The official selection shall be made by adoption of a formal motion by majority vote at a regular meeting of the Board.

SECTION 3. DUTIES AND POWERS OF THE DISTRICT MANAGER

Be the Board’s chief operating officer, to see that all its responsibilities (present and future) are efficiently and properly carried out.
Under the executive direction of the Board, represent said Board in monitoring and evaluating the delivery of municipal services within the community district, and actively participate in the coordination of delivery of these services.
Preside at meeting of the district service cabinet in this community. Establish the agenda; advise the cabinet of community-based complaints, and problems of community residents which shall be held on a regular basis.
Process complaints from residents of the community district relating to services provided by municipal agencies within the district. Resolve local complaints and process complaints of a recurring and/or multi-borough or citywide nature to the Borough President of Brooklyn, and to the President of the City Council.
Attend Board meetings. Report on issues concerning, and actions taken at district cabinet meetings as well as on other pertinent matters.
May be assigned by the Board to conduct investigations on needed services, to initiate plans for providing such services, or to take other action, as the Board deems necessary. May direct staff in planning and research in this community district.
Supervise and administer the office and the staff of the Board.
Perform such other duties as are assigned by the Board and/or the Chairperson.
The District Manager shall hire such additional personnel as may be authorized by the Board with the Approval of the Chairperson.

SECTION 4. TERM OF OFFICE

According to the City Charter, the Manager shall serve at the pleasure of the Board.

SECTION 5. REMOVAL OF THE MANAGER

The Board undertakes not to discharge the Manager for reasons that are not importantly related to his responsibilities. At the request of twenty percent (20%) of the members present at any meeting the executive committee shall meet to evaluate the performance of the District Manager. The District Manager may be removed only by a majority vote of the executive committee, together with a majority vote of the Members present at a special meeting duly called for that purpose. Said District Manager shall be entitled to a hearing with benefit of counsel, and he may call witnesses in his behalf.

ARTICLE VI – COMMITTEES

SECTION 1. CATEGORIES OF COMMITTEE AND METHOD OF APPOINTMENT

There shall be three (3) categories of committees:

Executive
Standing
Special

SECTION 2. EXECUTIVE COMMITTEE

Composition – This committee shall consist of all elected officers of the Board, plus the chairperson of other standing committees. The Chairpersons of the Board shall be the chairperson of this committee.
VOTE each member of the executive committee shall have one vote.
The executive committee shall be authorized to act on behalf of the Board during the period between regular meetings, and shall, at each such regular meeting, report on its actions for review.

SECTION 3. STANDING COMMITTEES

It shall be the responsibility of each Standing Committee to “consult and cooperate with City agencies and other organizations on matters relating to the welfare of the community district and its residents, including capital and community development needs and delivery of municipal services; conduct public hearings or investigations with respect to any matter relating to the welfare of the community district and its residents; evaluate the quality and quantity of municipal services provided by agencies within the community district and make recommendations on the improvement of those services to the Board, the Mayor, the Borough President and the Council as required.

In carrying out the duties described above, each Standing Committee shall be responsible for consulting and cooperating with the monitoring the services of the City agencies listed herein:
PLANNING AND ZONING COMMITTEE this committee shall act on all land use matters sent to the Board for Review. The Chairperson of the Planning and Zoning Committee shall conduct all public hearings following the prescribed Uniform Land Use Review procedures (ULURP). The committee after concluding its deliberations shall prepare a final report with a recommendation for the full Board for action.
TRANSPORTATION COMMITTEE the responsibilities of this committee shall include planning concepts, recommendations and liaison with responsible City Departments in the areas of subway, and surface transportation, highway accessibility, including traffic control and surface conditions, and sewer conditions where they affect traffic and transportation.
PARKS, LIBRARIES COMMITTEE this committee shall be concerned with the condition and use of the Parks and Libraries, within the community district and with State and Federal parks, and libraries nearby, which residents in the community district make use of. It shall make suggestions for rehabilitation and repairs, for reconstruction of underutilized parks and libraries to extend the scope and duration of their use. It shall be concerned with the preservation and additional planting of trees and greenery in public places.
SANITATION AND ENVIRONMENTAL PROTECTION COMMITTEE. The committee shall be responsible for overseeing the departments of Sanitation and Environmental Protection within the district. It shall make recommendations to the Board supporting projects proposed by the departments or initiated by the committee.
BUDGET COMMITTEE this committee shall over sees the Boards internal budget and prepares the draft budget priorities for action by the full board.
HEALTH AND SOCIAL SERVICES COMMITTEE this committee shall be concerned with all forms of social service and all aspects of health in the community district.
BY LAWS COMMITTEE this committee shall draft the By-laws for submission to the full Board for its deliberation, approval, or suggestions for changes. This committee shall draft any amendments voted by the Board under Article IX, Amendments
PUBLIC SAFETY COMMITTEE This committee will deal with all problems affecting the safety of the community. The committee shall meet regularly with the Police and Fire officials and periodically report to the Board.
YOUTH COMMITTEE this committee shall function in accordance with the rules and regulations set forth by the Department of Youth Services.
LAW COMMITTEE there shall be established a Law Committee consisting of lawyer members of the Board, who shall act in an advisory capacity to all committees requesting their advice.
COMMERCIAL DEVELOPMENT this committee shall be established to assist local merchants and merchants’ associations to increase commercial development.
HOUSING AND LANDMARKS COMMITTEE this committee shall work closely with both city HPD and Landmarks Preservation Committee on matters pertaining to our district.
SITE SCREENING COMMITTEE this committee shall be responsible to hold hearings on new proposed community facilities and recommend sites.

SECTION 5. SPECIAL COMMITTEES

NOMINATING COMMITTEE beginning in April 1991 and yearly thereafter, the Chairperson shall appoint a special Nominating Committee consisting of no less than three nor more than seven members, and shall designate one of their number to be the Chairperson of said committee, for the sole purpose of bringing in a slate of candidates for office for the ensuing year.

The members of the Nominating Committee shall meet and deliberate on their assigned purpose, and reporting in their slate of one or more candidates for each office, at the regularly scheduled meeting in May. At that May meeting, members may offer nominations from the floor. If no other nominations are offered, and the committee has brought in only one candidate for each office, the Chairperson shall receive the slate, and direct the Secretary to cast one vote for said slate of candidates. If other nominations are offered, or if the Nominating Committee reports in more than one candidate for an office, then the election shall be held at the regularly scheduled meeting in June.
The Search Committee, as set forth in Article V, THE DISTRICT MANAGER, Section 1 (c).
Such other special committees as the chairperson deem necessary and appropriate, with admonition to bring in its report by a specific date.

ARTICLE VII – MEETINGS

SECTION 1. REGULAR MEETINGS

There shall be at least one regular monthly meeting of the Community Board. No regular meeting shall be scheduled during the months of July and August.
During the first Thirty (30) minutes of the meeting, at the discretion of the Chairman, non- members may participate in discussing matters being considered by or which should be properly considered by the Board.

Thereafter, only members of the Board shall be entitled to speak unless a member of the Board is seeking information or clarification from a nonmember visitor. This amendment shall in no way affect the provisions of these By-Laws with respect to Public Hearings held pursuant to the By-Laws.
A quorum to convene any meeting shall be as set for the by the Administrative Code and/or the City Charter.

Except as otherwise specifically required by the City Charter and Administrative Code or the By-Laws herein, all action shall be decided by a majority vote of those members present and voting, in the presence of a quorum.

SECTION 2. SPECIAL MEETINGS

Special meetings of the Board shall be held as often as required, and will be called by the Chairperson, or through the Chairperson at the request of one-third of the Board memberships.

SECTION 3. PUBLIC HEARINGS

The Board shall be empowered to hold public hearings on any matter it might classify necessary and proper. With respect to land use the Board must conform to ULURP procedures established by the City Planning Commission. Notification to the Community shall be done in an attempt to get community participation.
The quorum for a Public Hearing shall be seven (7) members.

SECTION 4. NOTIFICATION OF MEETINGS

An agenda stating the time and place of all regularly scheduled meetings, including the proposed agenda items for the meetings, shall be sent to each Board member no later than seven (7) days in advance of such meeting.
Board members shall be given written notice of a special meeting no less than seven (7) days in advance of such meetings, and this notice shall state the purpose for which the meeting is called. No other business may be transacted without the consent of the total membership present.

SECTION 5. QUORUM

A quorum shall consist of a simple majority of the membership.
A quorum for meetings of the stand and special committees shall consist of a majority of the total number of Members on such committee. For the purpose of the quorum, the Invitees shall be counted.

SECTION 6. VOTING

Each member is entitled to cast one (1) vote in person on any question. Voting shall be given by the show of hands, with the total votes for and against the issue then publicly announced and recorded and shall also include abstentions except, at the request of ten (10%) percent of the members present at any meeting, a roll call vote will be in order. No proxy votes will be allowed. Invitees may not vote.
Questions and issues shall be decided by a simple majority vote of those members present at the meeting, except as otherwise provided by these by-laws.

SECTION 7. PROCEDURE

CALLED TO ORDER.
PUBLIC PORTION OF THE MEETING.
APPROVAL OF THE MINUTES.
REPORTS OF THE OFFICERS.
REPORT OF THE DISTRICT MANAGER
REPORTS OF COMMITTEES REQUIRING ACTION BY THE BOARD.
REPORTS OF COMMITTEES NOT REQUIRING ACTION BY THE BOARD.
UNFINISHED BUSINESS
NEW BUSINESS
PROGRAM (IF ANY).
ADJOURNMENT

ARTICLE VIII – PARLIAMENTARY AUTHORITY

Roberts Rules of Order, except as otherwise provided in these by-laws will govern parliamentary procedure at all Board meetings.

ARTICLE IX – AMENDMENTS

These By-laws may be amended at a regular meeting or at a special meeting of the Board called for that purpose, provided that a written notice, as herein before specified, shall have been sent to the Members. Such notice shall state the amendments which are proposed to be made in such By-laws. Only such changes as have been specified in the aforesaid notice shall be considered and shall become effective only on the affirmative vote of two thirds (2/3) of the Board members present at such meetings.

Any amendments to these By-laws must be in conformity with the provisions of the City Charter, and with the guidelines of the City Planning Commission appertaining thereto.

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