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MSIC > Documents > By-laws
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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