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By-laws
Latest Approved Revision: November 17, 2005

ARTICLE I
NAME

The name of this Council shall be the Montclair Safety and Improvement Council (MSIC), which consists of the Oakland, California, community Police Beat 13Z, updated as the Oakland Police Department changes it, and all residents and representatives of civic and community organizations living or doing business within its boundaries.

This includes the Oakland Hills area bordering:

  • North: Moraga Ave/Thornhill Dr. to Contra Costa County Line
  • East: Contra Costa County Line
  • South: Park Blvd./Mountain Blvd./Ascot Dr./Castle Dr. to Contra Costa County Line
  • West: Piedmont City border (between Moraga Ave. & Park Blvd.)

ARTICLE II
MISSION & OBJECTIVES
SECTION 1: The mission and objectives of the Council shall be as follows:

MISSION
The Montclair Safety and Improvement Council is a volunteer community advisory group to the City of Oakland whose purpose is to improve the quality of life in Beat 13Z by promoting a variety of safety and lifestyle enhancements to the area.

OBJECTIVES
The Council works to assist the City of Oakland and associated civic and community organizations in performing the following:

  • promoting fire safety and suppression
  • promoting earthquake/disaster preparedness and response
  • identifying and preventing all types of crime
  • promoting traffic safety and improvement of street conditions
  • protecting and improving the physical environment
  • providing a forum for information exchange among associated community groups
  • coordinating positions, priorities and voices with partner organizations prior to MSIC endorsement or opposition

ARTICLE III
MEMBERSHIP
SECTION 1 (Members): Participation in the Council shall be by Members.

SECTION 2 (Eligibility of Members): Membership shall be limited to adults (18 years of age and older) residing within the boundaries of Beat 13Z, as well as one representative from civic and community organizations operating in Beat 13Z.

SECTION 3 (Voting Representation): Any Member described in SECTION 2 shall be entitled to vote at any general membership meetings. Although a member may have multiple affiliations, only one vote shall be authorized per individual.

ARTICLE IV
STEERING COMMITTEE
SECTION 1 (Composition of the Steering Committee): The Steering Committee shall be composed of a combination of no more than fifteen (15) Elected Officers (Article V), Community Representatives (Article VI), and Appointed Representatives (Article VII). Advisory Representatives (Article VIII) may participate in meetings on a non-voting basis.

SECTION 2 (Powers of the Steering Committee): The Steering Committee shall constitute the governing body of the Council. It shall be responsible for governing and managing the Council, and shall set policy, define positions on issues, maintain direction and purpose, and perform activities that promote the purpose of the Council.

SECTION 3 (Quorum and Decisions of the Steering Committee): A quorum of the Steering Committee shall be a minimum of fifty percent (50%) plus one of Steering Committee members, and all decisions shall be by majority vote. All members of the Steering Committee shall be entitled to one vote.

SECTION 4 (Meetings of the Steering Committee): The Steering Committee shall meet monthly at a predetermined and designated date and time, either in person, by conference call, E-mail, or fax. All Steering Committee members shall be given at least fourteen (14) calendar days advance notice of meetings, unless there is an emergency situation requiring an exception to this noticing requirement. Special in-person meetings shall be convened when a majority of members vote to do so.

SECTION 5 (Standing Committees): The Steering Committee may establish such standing, advisory, and other committees as in its judgment will advance the purposes and effectiveness of the Council. The following committees shall be appointed, as well as others committees and task forces that the Steering Committee may deem necessary:

  • By-Laws Committee
  • Communications Committee
  • Endorsements Committee
  • Finance Committee
  • Fundraising Committee
  • Nominations Committee

The chair of each committee shall be appointed by the Chair of the Steering Committee, subject to the approval of the Steering Committee. The chair of each committee shall appoint as many members and non-members as he/she feels may be appropriate to carry out the functions of the committee, and shall report to the Steering Committee.

ARTICLE V
ELECTED OFFICERS
SECTION 1 (Officers - General): The officers of the Council shall consist of a Steering Committee Chair, Vice Chair, Secretary and Treasurer. Any two or more offices may be held by the same person except for Chair and Secretary. The Council shall have at all times a Chair, a Secretary, and a Treasurer.

SECTION 2 (Election of Officers): Officers shall be nominated by the Nominations Committee at the annual election meeting, to be held during the third quarter of each calendar year, and/or at any public meeting that occurs before the annual election meeting. The election of all officers must be by the general membership at an annual meeting of the Council. Each Officer (Chair, Vice Chair, Secretary and Treasurer) must be a Member of the Council and shall be chosen by a majority vote of the members present.

SECTION 3 (Duties of the Steering Committee Chair): The Chair shall preside at all regular meetings of the Steering Committee and General meetings of the Council. The Chair shall cause the enforcement of the laws of the Council, and secure the execution of the will of its members and of the Steering Committee. The Chair shall appoint, under the direction and subject to the approval of the Steering Committee, all chairs of committees and groups not otherwise provided for. The Chair shall be an ex officio member of all Standing Committees and Project Teams.

SECTION 4 (Duties of the Steering Committee Vice Chair): The Vice Chair shall exercise the duties and assume the authority of the Chair in the Chair’s absence, and shall be an ex officio member of the Finance and Nominations committees.

SECTION 5 (Duties of the Steering Committee Secretary): The Secretary shall be responsible for making certain that the records and minutes of the Council are properly maintained, and that minutes of the meetings of the Steering Committee and the general membership meetings are properly recorded and distributed in a timely manner. He/she shall maintain records of meeting attendance, and perform such other duties and exercise such other powers as may be delegated by the Steering Committee.

SECTION 6 (Duties of the Steering Committee Treasurer): The Treasurer shall be responsible for the Council’s financial affairs and the establishment of proper accounting procedures for the handling of the Council’s funds. He/she shall be responsible for keeping the Council’s funds in such banks, trust companies, and/or investments as are approved by the Steering Committee. The Treasurer shall report on the financial condition of the Council at all General meetings and meetings of the Steering Committee, and at other times when called upon by the Chair. The Treasurer shall create a budget for each fiscal year for review and approval by the Steering Committee. He/she shall be a member of the Finance Committee and shall perform such other duties and exercise other powers as delegated by the Steering Committee.

SECTION 7 (Term of Office): Officers shall hold office for one (1) year or until a successor has been chosen and qualified. Officers may be re-elected to one or more terms.

SECTION 8 (Removal from Office): Any officer may be removed from office by the vote of a majority of the Steering Committee, provided due notice shall be given in writing to the officer at least thirty days in advance of such action being voted upon.

SECTION 9 (Filling of Vacancies): A vacancy caused by failure of the Council to elect, or by the death, resignation, disqualification, or removal of any officer, may be filled by the vote of a majority of the Steering Committee, and must be ratified by the general membership at the next annual meeting. The Nominations Committee shall be responsible for gathering and recommending suitable replacements for the Council’s review.

ARTICLE VI
COMMUNITY REPRESENTATIVES
SECTION 1 (General): Any citizen residing in OPD Police Beat 13Z shall be eligible to be elected to serve as a Community Representative on the Steering Committee with full voting privileges.

SECTION 2 (Election of Community Representatives): Community Representatives shall be nominated by the Nominations Committee at the annual election meeting, to be held during the third quarter of each calendar year, or at any public meeting that occurs before the annual election meeting. Community Representatives also may be elected on an interim basis by the Steering Committee, subject to ratification by the general membership at the next annual election or public meeting. The election or ratification of all Community Representatives must be by the general membership at an annual election or public meeting of the Council. Each Community Representative must be a Member of the Council and shall be chosen by a majority vote of the members present.

SECTION 3 (Term of Office): Community Representatives shall hold office for two (2) years or until a successor has been chosen and qualified. Community Representatives may be re-elected to one or more terms upon approval of a majority of the Steering Committee.

SECTION 4 (Removal from Office): Any community representative may be removed from office by the vote of a majority of the Steering Committee, provided due notice shall be given in writing to the community representative at least thirty days in advance of such action being voted upon.

SECTION 5 (Filling of Vacancies): A vacancy caused by failure of the Council to elect, or by the death, resignation, disqualification, or removal of any community representative, may be filled by the vote of a majority of the Steering Committee, and must be ratified by the general membership at the next annual meeting. The Nominations Committee shall be responsible for gathering and recommending suitable replacements for the Council’s review.

ARTICLE VII
APPOINTED STEERING COMMITTEE REPRESENTATIVES
SECTION 1 (General): Any civic or community organization operating within Beat 13Z shall be eligible for one appointed position on the Steering Committee, including but not limited to:

  • Piedmont Pines Club, Inc.
  • Shepherd Canyon Homeowners’ Association
  • Fernwood Club (Mountain/Thornhill area)
  • Cabot Home Alert
  • Eastern side of Thornhill Dr. (Gouldin/Alhambra area)
  • Western side of Thornhill Dr. (Merriewood/Valley View/Taurus area)
  • Montclair Village Association (MVA)
  • Montclair West Homeowners’ Association
  • Parent/Teacher Representative appointed by the Oakland District 4 School Board Trustee

SECTION 2 (Representation on the Steering Committee): Generally one person from an organization shall be assigned to serve on the Steering Committee. In certain circumstances, upon approval by the Steering Committee in advance, more than one person may represent an organization. No organization shall have more than one vote on the Steering Committee, regardless of the number of representatives.

SECTION 3 (Charter of Appointed Representatives): In addition to their duties as a voting member of the Steering Committee, Appointed Representatives shall be responsible for the accurate and timely flow of information, commitments, and positions between the organizations they represent and the Council’s Steering Committee.

SECTION 4 (Term of Office): Appointed Steering Committee Representatives shall hold office for two (2) years or until a successor has been appointed by their organization. Appointed Representatives may serve more than one term upon approval of a majority of the Steering Committee.

ARTICLE VIII
ADVISORY REPRESENTATIVES
SECTION 1 (General): Representatives from the Oakland Police Department, the office of the City of Oakland District 4 Council member, the office of the 16th Assembly District of the California legislature, and other political representatives whose jurisdiction includes Police Beat 13Z may attend and participate in Steering Committee and Council meetings as non-voting advisors to the organization.

ARTICLE IX
BY-LAWS COMMITTEE
SECTION 1 (Charter of the By-laws Committee): The By-laws Committee shall be responsible for creating and maintaining the By-laws of the Council. Changes shall be approved by the vote of a majority of the Steering Committee.

SECTION 2 (Composition of the By-laws Committee): The By-laws Committee shall be chaired by an officer of the Council and composed of Council members of his/her choosing.

ARTICLE X
COMMUNICATIONS COMMITTEE
SECTION 1 (Charter of the Communications Committee): The Communications Committee shall be responsible for creating and developing promotional ideas and activities that meet the mission and objectives of the Council It shall be responsible for marketing, branding, publicity, media relations and member communication for the Council. It shall maintain media relationships and shall coordinate communications with all outside organizations regarding information about the Council and its activities. It shall also coordinate agendas, logistics and publicity for all General Meetings, shall be responsible for conducting membership drives, and shall perform other such duties as assigned by the Steering Committee.

SECTION 2 (Composition of the Communications Committee): The Communications Committee shall be chaired by a member of the Steering Committee and composed of Council members of his/her choosing.

ARTICLE XI
ENDORSEMENTS COMMITTEE
SECTION 1 (Charter of the Endorsements Committee): The Endorsements Committee shall be responsible for developing the criteria by which requests for Council endorsement shall be determined and making recommendations to the Steering Committee on how well each request for endorsement by the Council meets the criteria.

SECTION 2 (Composition of the Endorsements Committee): The Endorsements Committee shall be chaired by a member of the Steering Committee and composed of Council members of his/her choosing.

ARTICLE XII
FINANCE COMMITTEE
SECTION 1 (Charter of the Finance Committee): The Finance Committee shall be responsible for the Council’s financial affairs and the establishment of proper accounting procedures for the handling of the Council’s funds.

SECTION 2 (Composition of the Finance Committee): The Finance Committee shall be chaired by a member of the Steering Committee other than the Treasurer, and composed of Council members of his/her choosing.

SECTION 3 (Duties of the Finance Committee): The Finance Committee shall oversee the duties of the Treasurer and review reports on the financial condition of the Council to be submitted to the Steering Committee and at General Meetings. The Finance Committee shall also review all preliminary budgets for upcoming years.

SECTION 4 (Source of Funds): There are no dues and/or costs of any kind to be a member of the Council. Operating funds for the Council shall come from grants, donations, purchases of Council products, and from an annual stipend from the City of Oakland under its Neighborhood Crime Prevention Council (NCPC).

SECTION 5 (Management of Funds): The Treasurer shall administer banking activities, such as depositing and withdrawing funds. All disbursements of funds shall be with the approval of the Chair.

SECTION 6 (Signature on Checks): Any person who is authorized to sign checks or make payments on behalf of the Council shall not be permitted to sign checks or make payments to themselves, their own company, or a company with whom they are affiliated. Both the Chair and Treasurer shall have check-signing authorization.

ARTICLE XIII
FUNDRAISING COMMITTEE
SECTION 1 (Charter of the Fundraising Committee): The Fundraising Committee shall be responsible for the design and execution of fundraising efforts that will enable the Council to maintain a balanced budget.

SECTION 2 (Composition of the Fundraising Committee): The Fundraising Committee shall be chaired by a member of the Steering Committee and composed of Council members of his/her choosing. All Steering Committee members, whether members of the Fundraising Committee or not, shall be responsible for seeking and leveraging fundraising opportunities.

ARTICLE XIV
NOMINATIONS COMMITTEE
SECTION 1 (Charter of the Nominations Committee): The Nominations Committee shall be responsible for establishing qualifications and soliciting qualified candidates for Elected Officer , Community Representative, and Appointed Representative positions on the Steering Committee, to fill vacancies as they occur. This Committee shall not veto anyone nominated but rather, shall make recommendations to the Steering Committee and the Council in Community meetings on each candidate’s qualifications.

SECTION 2 (Composition of the Nominations Committee): The Nominations Committee shall be chaired by a member of the Steering Committee and composed of Council members of his/her choosing.

ARTICLE XV
COMMUNITY MEETINGS
SECTION 1 (Scheduling of Meetings): The Steering Committee shall schedule at least two meetings per year open to all Members, one of which shall be considered an annual meeting. Additional Member meetings shall be scheduled as needed throughout the year. Other forms of communicating with Members shall be implemented as needed.

SECTION 2 (Quorum and Decisions of Members): A quorum of the Council shall consist of at least twenty (20) Members.

ARTICLE XVI
MISCELLANEOUS
SECTION 1 (Privacy Policy): The Council shall use contact information provided by members and others solely for the purpose of Council business. It shall never release information about its members to 3rd parties for any purpose without the express permission of the member.
SECTION 2 (Parliamentary Procedure): The procedure and order of all meetings shall be conducted in a manner determined by their chairs, subject to immediate change at any particular point by a majority vote of Members present. Roberts Rules may be used by the Chair as a guide for appropriate resolution of any issue.

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