Revised September, 1986
Revised May, 1993
Revised December, 1996
Revised September 2005
By Laws of Community Board #3, Borough of Queens
ARTICLE I: PURPOSE
The Community Board is mandated by the City Charter to review all matters pertaining to the general welfare of the District. The Community Board shall represent, make inquiry and make recommendations on those areas it deems relevant to the community of Queens Community Board #3.
ARTICLE II: MEMBERSHIP
The Community Board members are appointed by the Borough President with one-half of them appointed in consultation with City Councilman whose districts are within the Board’s boundaries. The membership consists of persons who have a residence, business or professional interest in the District. Community Board members serve two-year terms with one-half of the Board members terms expiring every year. Vacancies are filled by the Borough President. The maximum membership of the Board is fifty (50) members.
It shall be the responsibility of every Board member to attend all executive and hearing meetings except when excused by the Chairperson for a legitimate reason. Board members shall not speak for the Board unless authorized by the Board or the Chairperson who may not authorize a Board member to speak for the Board on other than a position already adopted by the Board.
The Board shall recommend to the Borough President the removal of any member who has three (3) unexcused absences in one year. The Board may recommend to the Borough President the removal of any member for good cause by a three-quarter (3/4) vote at an executive meeting, when written meeting notice of said removal proceedings was made to all Board members at least thirty (30) days in advance of said meeting, after a full hearing from all parties.
ARTICLE III: OFFICERS
Any member of the Board shall be eligible to be an officer of the Board. Officers shall be elected to a one year term at the regularly scheduled executive meeting of the Board each January. However, no officer elected may serve more than three consecutive terms and shall not be eligible for re-election to said office for a period of two years. This provision shall apply to all officers, current and future. In the event that a current officer has served in that capacity for more than three consecutive terms, he/she shall complete his/her current term but shall not be eligible for re-election at the end of that term, as provided hereinabove. Nominations shall be made for each office at said meeting from the floor by any Board member. A vote shall be taken on each office commencing with the Chairperson in descending order.
The person who receives the greatest plurality for said office is elected. In the event of a tie there shall be successive votes until a plurality by one person is achieved.
The officers of the Board shall be a Chairperson, a Vice Chairperson, a Second Vice Chairperson, a Treasurer and a Secretary.
The duties of a Chairperson shall be:
(a) to act as chief executive of the Board;
(b) to preside at all meetings of the Board;
(c) to invite a person in his discretion to address the Board at an executive meeting;
(d) to send a notice of all executive and hearing meetings to all Board members as required;
(e) to serve in whatever capacity as is required or mandated by law;
(f) to be an ex-officio member of all Board committees.
(g) to appoint a nominating committee.
The Vice Chairperson shall have the same authority and duties as the Chairperson in the absence of the Chairperson or when so designated to act by the Chairperson.
The Second Vice Chairperson shall have the same authority and duties as the Chairperson or Vice Chairperson.
The Treasurer shall be responsible for all financial reports of the Board. The Treasurer shall make regular reports to the Board at an executive meeting or when requested by the Board or Chairperson and shall be a co-signer of
all Board expense accounts.
The Secretary shall be responsible for records and minutes of the Board and the supervision of the paid Board Secretary.
The Board may remove an officer of the Board for good cause by a three-quarter (3/4) vote at an executive meeting, when written meeting notice of said removal proceedings was made to all Board members at least thirty (30) days in advance of said meeting, after a full hearing from all parties.
ARTICLE IV: BOARD ACTIONS
(1) There shall be two types of Board meetings: executive and hearing
(2) All meetings of the Board shall be open to the public. However, the Board may close an executive meeting to the public by a three-quarter (3/4) vote of the appointed members provided that no final action shall be taken at said closed meeting.
(3) Roberts Rules of Order, Rev., shall govern all matters pertaining to parliamentary procedures which are not inconsistent with these By Laws, or City Charter, or the laws of the State of New York.
(4) The Board shall meet at least once a month except during July and August which it may do at its discretion.
(5) Every Board member shall have one vote on each matter before the Board which must be cast in person. Any Board member who shall abstain from voting on any matter before the Board must then state the reason for his abstention. A Board member must abstain on any matter before the Board if he has a conflict of interest.
(6) A majority of the total appointed membership of the Board shall constitute a quorum for the transaction of all Board business at any executive meeting.
(7) When a quorum is present a majority of those voting shall constitute Board action except where a three-quarter (3/4) of those voting is herein required to constitute Board action.
(8) Board actions on all matters shall be done at an executive meeting. The agenda, committee reports, discussions, final actions and all other business shall only be had at executive meetings. Minutes and attendance of Board members shall be kept of all executive meetings. Only Board members may speak at executive meetings unless the Board by resolution invites a speaker or the Chairperson exercises his discretion.
(9) The Board shall take no action or discussion at a hearing meeting. A hearing meeting shall be held to disseminate information and gather public sentiment and only members of a Community Board and persons expressly authorized by the Chairperson may question a speaker.
(10) All meetings of the Board (i.e. executive and hearing) shall be upon at least five (5) days written notice to all Board members stating the tentative agenda of an executive meeting. Executive meetings shall be called only upon a resolution of the Board, or a written petition of five (5) Board members, or in the discretion of the Chairperson. Hearing meetings shall be called only upon a resolution of the Board. The Board may by resolution call an executive and hearing meeting for the same date.
(11) Minutes and attendance of all meetings shall be sent all Board members, a copy of which shall be forwarded to the Borough President after their adoption.
ARTICLE V: HEARING MEETINGS
(1) Hearings shall be of a legislative type; Board members’ attendance minutes, and a list of speaker’s names, addresses and affiliations shall be kept of all hearing meetings. However, on matters regulated by Uniformed Land Use Procedure, the record must also consist of a tape recording.
(2) The hearing shall be held at convenient place of public assembly chosen by the Board and located within its community district or if there is no suitable place then it shall be held at a centrally located place of assembly within the Borough.
(3) A hearing meeting shall require a quorum of twenty (20) percent of the appointed members of the Board but in no event less than seven (7) such members. A hearing meeting may only be held for the purpose provided in the Board resolution which called said meeting.
(4) Notice of time, place and subject of a hearing shall be given as follows:
(a) for all actions subject to the Land Use Procedure by publication in THE CITY RECORD for the ten (10) days of publication immediately preceding and including the date of the hearing;
(b) for all actions, by publication in an issue of COMPREHENSIVE CITY PLANNING CALENDAR distributed not less than ten (10) calendar days prior to the date of hearing;
(c) for all actions that result in acquisition of property by the City, whether by condemnation or otherwise, to the owner or owners of the property in question mailed by registered mail (return receipt requested) to the last known address of such owner or owners, as shown on the City’s tax records, not later than ten (10) days prior to the date of hearing;
(d) for all other actions and in addition to the notice required for actions in subsections (a), (b) and (c), the Board shall give notice to the public in the best manner it deems appropriate to inform the community of said hearing.
ARTICLE VI: COMMITTEES
The Community Board may establish by resolution such standing and ad hoc committees it deems necessary. The Board Chairperson shall appoint the chairpersons of such committees and its membership if the latter is not designated by the enabling resolution.
There shall be an Executive Committee whose membership shall consist of all the officers of the Board and four elected at-large members. The four at-large members shall be subject to the same election and removal procedures and same term of office as the Board officers. The Executive Committee is to assist the Chairperson and the Board in the administration of the Board. The Executive Committee shall not exercise discretionary or decision-making power of the Board. However, the Board may, where it is not prohibited from doing so by the City Charter or Uniform Land Use Procedure, delegate such powers by a three-quarter (3/4) vote of the Board.
All committees shall be governed by the same Laws and By Laws as is the Board Non-Board members may be appointed to participate in all aspects of Committee work except voting.
ARTICLE VII: AMENDMENT
The Board may amend, modify or waive these By Laws or part therein, by a two-thirds (2/3) vote with a quorum present at an executive meeting of the Board when written notice of such action and a copy of the proposed amendment was made to all Board members at least sixty (60) days in advance of said meeting.
ARTICLE VIII: SEVERABILITY
If any provision of clause of these By Laws or application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications of these By Laws which can be given effect without the invalid provision or application, and to this end the provisions of these By Laws are declared to be severable and shall be interpreted in a reasonable manner to be consistent with the Laws of the State of New York and the City Charter.