HomeMy WebLinkAboutItem 1: Ordinance on Chapter 2 Amendments
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning the Planning Commission; and Amending
Sections 2.013, 2.330, 2.332, 2.335, 2.345, 2.350, and 2.355 of the Eugene Code, 1971
Meeting Date: May 19, 2008 Agenda Item Number: 1
Department: Planning and Development Staff Contact: Steve Nystrom
www.eugene-or.gov Contact Telephone Number: 541/682-8385
ISSUE STATEMENT
The City Council will hold a public hearing to consider proposed amendments to Chapter 2 regarding
the Planning Commission Bylaws.
BACKGROUND
The Eugene Planning Commission has two sets of provisions that govern their membership, conduct and
duties. First, Chapter 2 of the Municipal Code (Sections 2.325 – 2.365) establishes the duties, powers
and function of the Planning Commission. Second, the commission has a set of bylaws which they
adopted and can modify as needed. These bylaws incorporate many of the provisions set forth in
Chapter 2 as well as other more detailed procedural and functional requirements.
In January 2007, the Planning Commission reviewed their existing bylaws to determine if any revisions
or updates were warranted. The Planning Commission Bylaws were last amended in 1984 and included
provisions that the Planning Commission determined were in need of updating. Many of the Planning
Commission’s proposed amendments to the bylaws are also included in Chapter 2. Therefore, in order
for the Planning Commission to approve changes to their bylaws, Chapter 2 must first be amended by
the City Council to address those corresponding provisions. A draft ordinance reflecting these
amendments in legislative format is attached. In addition, staff has attached a matrix which provides a
description of each proposed amendment and reason for the proposed change.
The proposed changes are limited in scope and number and intended to improve the function and
operation of the Planning Commission, and provide consistency with other appointed commissions.
Perhaps the most notable of the proposed amendments is the elimination of the ex officio membership on
the Planning Commission. Currently, the commission is made up of seven voting members (appointed by
the City Council) and two non-voting, ex officio members. The ex officio members are appointed by the
City Manager and have historically been represented by the Planning and Development Director, Planning
Director, or representatives from other divisions or departments. Both the Planning Commission and staff
believe that elimination of the ex officio positions is warranted for the following reasons:
Assuming the purpose of the ex officio positions is to provide an opportunity of staff input at the
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meetings, staff believes these opportunities already exist;
Having staff sit on the Planning Commission, even in a non-voting capacity, is potentially
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awkward, especially when formal land use actions, such as appeals, are being considered by the
commission;
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With nine total members, a quorum for the commission consists of five members. This can lead
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to quorum problems considering the ex officio members cannot vote, but constitute membership
on the commission.
As proposed, the bylaw amendments address the ex officio issue, along with a number of other similar
operational updates to reflect current practice on the Planning Commission, as well as the practice of
other citywide commissions.
RELATED CITY POLICIES
There is no City policy which directly relates to this item.
COUNCIL OPTIONS
The City Council may consider the following options:
1. Approve the proposed ordinance
2. Approved the proposed ordinance with specific modifications as determined by the City Council
3. Deny the proposed ordinance
CITY MANAGER’S RECOMMENDATION
This is scheduled for a public hearing only. Following the City’s receipt of all testimony, the City
Manager will make a recommendation to be included in the council packet for action on June 9, 2008.
SUGGESTED MOTION
No motion is proposed as this item is scheduled for a public hearing.
ATTACHMENTS
A. Matrix of Proposed Amendments
B. Proposed Ordinance
C. Current Version of the Planning Commission Bylaws
FOR MORE INFORMATION
Staff Contact: Steve Nystrom
Telephone: 541/682-8385
Staff E-Mail: steven.a.nystrom@ci.eugene.or.us
Y:\CMO\2008 Council Agendas\M080519\S0805191.doc
ATTACHMENT A
Proposed Chapter 2 Amendments
Planning Commission Bylaws
Chapter 2 Requirement Corresponding Planning Commission Reason for amendment
Bylaw Section Proposal
EC 2.330: Code requires the Article III, Section Eliminate ex officio Staff has the opportunity to
City Manager to appoint 2 1 members and reduce provide input as needed at
ex officio (non-voting) Planning Commission each meeting. Also causes
members of the Planning membership from 9 (7 quorum concerns for voting
Commission (historically, voting members and 2 ex-purposes (5 Planning
the PDD Executive Director officio members) to 7 voting Commissioners required)
and a Public Works or other members.
Dept. representative)
EC 2.335(1): Code Article V, Section Change titles to “Chair” and Desire to use titles consistent
established titles of 1 “Vice Chair.” with other boards and
“President” and “Vice commissions.
President” for Planning
Commission officers
EC 2.335(1): Requires Article V, Section Eliminate code reference Planning Commission would
election of officers at its first 2 requiring election of officers prefer some flexibility to
meeting. Unclear if at “its first meeting”. appoint officers after new
provision was intended as a members are seated, rather
“one time” requirement or than their first meeting.
on-going with each
Commission appointment.
EC 2.335(2): Requires Article V, Section Change code to “designate” In their capacity, the Planning
Executive Secretary to be 5 rather than “elect” the Commission simply
“elected”. The Planning Executive Secretary. “designates” the Planning
Director serves as the Director to perform the
Executive Secretary. function of Executive
Executive Secretary ensures Secretary.
that accurate records of the
proceedings are kept.
EC 2.345: Quorum defined Article IV, Section Modify quorum from 5 to 4 See comments under EC
as 5 members of the 2 members, given elimination 2.330.
Planning Commission (based of ex officio members
on 9 total members).
EC 2.350: Requires Planning Article II(c) Eliminate requirement for Planning Commission review
Commission review of Planning Commission seems unnecessary. CIP
Capital Improvement Plans review of the CIP. discussion is focused on
(CIP) financial considerations
which is not a part of the
Planning Commission
purview.
EC 2355(3): Established None Eliminate reference to 3 and Provision no longer needed.
terms for the first Planning 4 year terms for the first Code will retain 4 year term
Commission appointed appointees of the Planning for new members and
under Chapter 2 provisions Commission provisions for filling
vacancies.
ATTACHMENT B
ORDINANCE NO. _________
AN ORDINANCE CONCERNING THE PLANNING
COMMISSION; AND AMENDING SECTIONS 2.013, 2.330,
2.332, 2.335, 2.345, 2.350, AND 2.355 OF THE EUGENE
CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The “Planning Commission” entry set forth in the table of Subsection
(1) of Section 2.013 of the Eugene Code, 1971, is amended to provide as follows:
2.013 City Council - Boards, Commissions and Committees.
(1)
Except for boards, commissions or committees established pursuant to
ordinance, state statute, or intergovernmental agreement, the following
are the presently constituted boards, commissions and committees of
the city with the number of members and names of the appointive
authority indicated thereafter, together with the term and the authority
for such board, commission or committee:
Planning Commission
No. of Members: 7
[2 ex officio]
Appointment Process: Council appoints (7 Members)
[City Manager appoints (2 ex-officio)
Term: 4 years
Authority: EC 2.330, ORS 227.030
Planning Commission - Standing Committee
Historic Review Board
No. of Members: 1 Planning Commissioner
6 Citizens
Appointment Process: Mayor and Planning Commission
[President] Chair nominate, Council
appoints
Term: Planning Commissioner during his or
her term or as determined by Planning
Commission [President] Chair
4 years citizen members
Authority: EC 2.355
Ordinance -
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Section 2.
Section 2.330 of the Eugene Code, 1971, is amended to provide as
follows:
2.330 Planning Commission - Composition; Term; Vacancies; Etc.
(1)
The commission shall consist of seven [voting] members to be appointed
by the council[ and two ex officio nonvoting members to be appointed by
the city manager].
(2)
The [voting] members of the commission shall hold office for four years.
(3)
Any [voting] member who misses more than six consecutive regular
meetings without having been given a leave of absence by the council
shall be removed by the council, and another member shall be appointed
by the council to complete the unexpired term of such member.
(4)
Commission members shall receive no compensation but shall be
reimbursed for duly authorized expenses.
(5)
Any vacancy in the commission shall be filled by the council for the
unexpired term of the predecessor in office.
Section 3.
Section 2.332 of the Eugene Code, 1971, is amended to provide as
follows:
2.332 Planning Commission - Distribution of Interests.
No more than two
[voting] members of the commission shall be engaged principally in buying,
selling or developing of real estate for a profit as individuals or be members
of any partnership, or officers or employees of any corporation, that is
engaged principally in buying, selling, or developing of real estate for a profit.
No more than two [voting] members shall be engaged in the same kind of
business, trade or profession.
Section 4.
Section 2.335 of the Eugene Code, 1971, is amended to provide as
follows:
2.335 Planning Commission - Officers and employees.
(1)
The commission[, at its first meeting,] shall elect a [president and vice-
president] chair and vice-chair, who shall be voting members and who
shall hold office during the pleasure of the commission.
(2)
The commission shall [elect] designate a secretary who need not be a
member of the commission. The secretary shall [keep] ensure that an
accurate record of all proceedings of the commission is kept.
(3)
The commission shall have the power and authority to employ
consulting advice on municipal problems[, a secretary] and such [clerks]
staff as may be necessary, and to pay for their services, and for the
other expenses as the commission may lawfully incur out of funds at the
Ordinance -
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disposal of the commission, as authorized by the council. The
expenses shall include necessary disbursements incurred by its
members in the performance of their duties as members of the
commission.
Section 5.
Subsection (2) of Section 2.345 of the Eugene Code, 1971, is
amended to provide as follows:
2.345 Planning Commission - Meetings.
(2)
[Five] Four members of the commission shall constitute quorum.
Section 6.
Subsections (d) through (i) of Section 2.350 of the Eugene Code,
1971, are relettered (c) through (h), and subsection (c) is deleted, to provide:
2.350 Planning Commission - Duties and Powers.
It shall be the duty of the
commission, and it shall have power, except as otherwise provided by law:
(a)
To keep current a General Plan for the city adopted by the council as
an official guide to public and private uses of land.
(b)
To prepare city legislation that will implement the purposes of the
General Plan.
[(c)
To review the capital improvement programs each year for consistency
with the General Plan.]
(d)
c To cooperate with private developers and public agencies in providing
an adequate supply of housing for low income families.
(e)
d To recommend and make suggestions to the council and to all other
public authorities concerning laying out, widening, extending and
locating of streets and parking areas, sidewalks and boulevards, relief
of traffic congestion, betterment of housing and sanitation conditions
and establishment of zones or districts limiting the use, height, area and
bulk of buildings and structures.
(f)
e To recommend to the council and all other public authorities plans for
regulation of future growth, development and beautification of the
municipality in respect to its public and private buildings and works,
streets, parks, grounds and vacant lots, and plans consistent with future
growth and development of the city in order to secure to the city and its
inhabitants sanitation, proper service of all public utilities and
transportation facilities.
(g)
f To study and propose in general such measures as may be advisable
for promotion of the public interest, health, morals, safety, comfort,
convenience and welfare of the city and of the area six miles adjacent
thereto.
(h)
gTo serve as the committee for citizen involvement as described in
Ordinance -
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Statewide Planning Goal 1, responsible for assisting the city council
with the development of a program that promotes and enhances citizen
involvement in land-use planning, assisting in the implementation of the
citizen involvement program, and evaluating the process being used for
citizen involvement.
(i)
h To exercise any express or implied power, right or act pursuant to this
Code or ORS Chapter 227.
Section 7.
Section 2.355 of the Eugene Code, 1971, is amended to provide as
follows:
2.355 Planning Commission – Standing Comittees.
(1)
Created. The Historic Review Board is hereby created as a standing
committee of the Planning Commission.
(2)
Membership. The committee shall have seven members, consisting of
[two] one member[s] of the planning commission; two members, to the
extent they are available in the community, who are an architect with
preservation expertise and a historian with knowledge of local history;
two professionals with demonstrable interest, competence, or
knowledge of historic preservation in the disciplines of landscape
architecture, real estate, construction, community development, urban
planning, archeology, law, finance, cultural geography, cultural
anthropology, or related disciplines; and [one] two citizens.
(3)
Appointment and Terms of Office. Members shall be nominated by the
mayor and planning commission [president] chair and appointed by the
council, except for the planning commission member[s] who shall be
appointed by the [president] chair of the planning commission. Other
members shall serve for four-year terms[, except for the first appointees
who shall serve for the following terms: three members shall be
appointed initially for three-year terms, and two members shall be
appointed initially for four-year terms]. A vacancy shall be filled in the
same manner as original appointments and the appointee shall hold
office for the remainder of the unexpired term. A member who is absent
for more than three consecutively scheduled meetings without having
been excused by the [president] chair of the planning commission shall
be removed and the vacancy filled.
(4)
Officers, meetings and rules of procedure. The officers of the
committee shall be a chair[person] and vice-chair[person], elected by
majority vote of the committee. The chair[person] shall preside at
meetings of the board and shall have the right to vote. The vice-
chair[person] shall, in case of absence or disability of the chair[person],
perform the duties of the chair[person]. Officers shall serve for terms of
one year or until their successors are regularly elected and take office.
The committee shall hold meetings at such times as it deems
Ordinance -
4
necessary, and shall also meet upon the call of the chair[person]. Four
members of the committee shall constitute a quorum. The concurring
vote of a majority of members present shall be required for approval or
disapproval of any motion or other action of the committee. All
meetings shall be open to the public. At public hearings, all interested
parties shall be entitled to appear and address the committee. The
committee may make and alter rules for its conduct and procedure,
providing they are consistent with state law and applicable provisions of
the city charter, ordinances and policies.
(5)
Powers and duties. The committee shall take all steps necessary to
preserve historic properties pursuant to this code and shall support
programs and projects which will help make the citizens of the city and
its visitors aware of its origin, development and historic significance.
Pursuant to chapter 9 of this code, the committee shall:
(a) Designate an historic landmark;
(b) Remove historic landmark status when any landmark has
deteriorated, been altered or destroyed, and no longer meets any of
the criteria in chapter 9;
(c) Act upon applications concerning moving or demolition of historic
properties;
(d) Review and act upon appeals of planning director decisions for
historic property alterations, including appeals initiated by the
committee.
Section 8.
The City Recorder, at the request of, or with the concurrence of the
City Attorney is authorized to administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971 to the provisions added,
amended or repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of ____________, 2008 ____ day of ______________, 2008
___________________________ _____________________________
City Council Mayor
Ordinance -
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ATTACHMENT C
ORGANIZATION AND BYLAWS
OF THE
EUGENE PLANNING COMMISSION
(As revised February 9, 1984)
FOREWORD AND EXPLANATION:
The following sets forth information concerning the Eugene Planning Commission and
also includes certain rules and regulations governing its membership. The Eugene
Planning Commission is established by Chapter 227 of the Oregon Revised Statutes and
Chapter 2 of the Code of the City of Eugene, Oregon, 1971. Where these Oregon Statutes
and the City Code provisions apply, an indication of the section number thereof will be
found immediately following the information herein contained.
The rules and regulations herein are established pursuant to authority contained in the
Oregon Revised Statutes, Chapter 227, and the Eugene Code, 1971, Chapters 2, 8, and 9.
ARTICLE I. Establishment
The Eugene Planning Commission was established in 1925 (Ordinance No. 4846) and is
appointed by the City Council in conformance with O.R.S. 227.010 through 227.120,
which sets forth the state requirements for establishing city planning commissions, and
by authority of Eugene Code, 1971, Sections 2.325 through 2.365.
ARTICLE II. Purposes and Objectives
The purposes and objectives of the Commission shall be:
(a)To keep current a General Plan, functional plans and
refinement plans for the city adopted by the Council as official
guides to public and private uses of land. (City Code 2.350)
(b)To prepare city legislation that will implement the purposes of
the General Plan. (City Code 2.350)
(c)To review the capital improvement program each year for
consistency with the General Plan. (City Code 2.350)
(d)To cooperate with private developers and public agencies in
their effort to provide an adequate supply of housing for low-
income families. (City Code 2.350)
(e)To recommend and make suggestions to the Council and to all
other public authorities concerning laying out, widening,
extending and locating of streets and parking areas, sidewalks,
bikeways, and boulevards, and for relief of traffic congestion,
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betterment of housing and sanitation conditions and
establishment of zones or districts limiting the use, height, area,
and bulk of buildings and structures. (City Code 2.350 and
O.R.S. 227.090)
(f)To recommend to the Council and all other public authorities
plans for regulation of the future growth, development, and
beautification of the municipality in respect to its public and
private buildings and works, streets, parks, grounds and vacant
lots, and plans consistent with future growth and development
of the city in order to secure to the city and its inhabitants
sanitation, proper service of all public utilities, and
transportation facilities. (City Code 2.350 and O.R.S. 227.090)
(g)To study and proposed in general such measures as may be
advisable for promotion of environmental quality as well as the
public interest, health, morals, safety comfort, convenience,
and welfare of the city and of the area six miles adjacent
thereto. (City Code 2.350 and O.R.S. 227.090)
(h)To exercise any express or implied power, right, or act
pursuant to the Eugene Code, 1971, or O.R.S. Chapter 227.
ARTICLE III. Membership and Voting
Section 1 The Planning Commission shall consist of nine members to be
appointed by the City Council. Not more than two members of the
Commission may be city officers who shall serve as ex officio
non-voting members. (City Code 2.330 and O.R.S. 227.030)
Section 2 No more than two voting members shall be engaged principally in
buying, selling, or developing of real estate for a profit as
individuals or be members of any partnership, or officers or
employees of any corporation that is engaged principally in
buying, selling, or developing of real estate for a profit. No more
than two voting members shall be engaged in the same kind of
business, trade, or profession. (City Code 2.332 and O.R.S.
227.030)
Section 3 Voting members shall be appointed for 4-year terms. Ex officio
members shall hold office at the pleasure of the City Council. (City
Code 2.330)
Section 4 Any vacancy shall be filled by the City Council for the unexpired
term of the predecessor in office. (City Code 2.330 and O.R.S.
227.030)
Section 5 Each voting member of the Commission shall be entitled to vote at
all regular and special meeting of the Commission, except that a
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member shall not vote or take part in discussion as a member when
there is a conflict of interest; i.e., when the action to be taken can
confer a significant economic benefit or impose a significant
economic loss on the individual member. For example, a member
of the Commission shall not participate in any Commission
proceeding or action in which any of the following has a direct or
substantial financial interest: The member or his or her spouse,
brother, sister, child, parent, father-in-law, mother-in-law, any
business in which he or she is then serving or has served within the
previous two years, or any business with which he or she is
negotiating for or has an arrangement or understanding concerning
prospective partnership or employment. Any actual or potential
interest shall be disclosed at the meeting of the Commission where
the action is being taken. (City Code 2.333 and O.R.S. Chapter
227)
Section 6 If a member wishes to abstain in a situation where there is no
direct pecuniary conflict of interest, but where the public might
construe that such a conflict exists, or if a member has a conflict
deriving from his/her relationship with the person involved, then
he or she may ask the Commission whether he or she may abstain.
If the Commission says “no,” he/she must vote. This provision is
intended to relate to close relatives and to professional
relationships, as well as to friendships.
Section 7 Any time a member present at a meeting does not record his vote,
it is automatically recorded as a vote with the majority; an
abstention must be entered as such in the minutes, with the reason
recorded.
Section 8 Ex officio members are expected to participate in discussion at
Commission meetings, especially in areas of their particular
competence. Policy determination is, however, the prerogative of
the appointed voting members.
Section 9 Commission members shall receive no compensation, but shall be
reimbursed for duly authorized expenses. (City Code 2.330)
Section 10 Any voting member who misses more than six consecutive regular
meeting without having been given a leave of absence by the City
Council shall be removed from the Commission by the City
Council, and another member shall be appointed by the City
Council to complete the unexpired term for such member. (City
Code 2.330)
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ARTICLE IV. Meetings of Commission
Section 1 Regular meetings of the commission shall be held the first Tuesday
evening of each month at 7:30 p.m. in the Council Chamber and on
the first and third Mondays after the first Tuesday in a location and
at a time as specified in advance of said meetings. (City Code
2.345)
Section 2 Five members of the Commission shall constitute a quorum,
provided at least four voting members appointed by the City
Council shall at all times constitute a part of such quorum. The
fifth member may be an ex officio member or his or her designee.
(City Code 9.345)
Section 3 If a member of the Commission is unable to attend a meeting, said
member is expected to notify the President or the Executive
Secretary.
Section 4 All Commission members shall be sent advance written notice of
regular meetings or special meetings where action is to be taken.
Notification for study sessions may be made at regular meetings or
be telephone at least 24 hours in advance of the meeting time.
Section 5 Action may be postponed at the first hearing on any land use
application where the applicant (or appellant) or a representative is
not present. A written explanation for absence, coupled with a
request that action not be delayed, may be honored if the
Commission has sufficient information to proceed. If the
Commission agrees to postpone the application to a subsequent
hearing date, at the request of the applicant, the applicant may be
responsible for additional costs incurred by the City in meeting
public notice requirements. All land use application and appeal
forms shall state this policy, and a written notice of this policy
shall be mailed to the applicant or appellant at the time of the
mailing of the Planning Commission agenda on which the
application or appeal is scheduled.
Section 6 Procedure at meetings where hearings are being conducted
resulting in a determination as to the permissible use or uses of a
specific property or the application of law in a particular case shall
be as stipulated in Sections 2.391 through 2.400 of the Eugene
Code, 1971 (attached).
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At all other meetings the procedure shall be as follows:
1.The initiator of a request to the Planning Commission shall
present his or her case.
2.Those supporting the request shall present their case.
3.Those opposing the request shall present their case.
4.Other interested parties shall have the opportunity to address
the Planning Commission concerning the matter.
5.Planning Commission staff and other City staff members and
representatives of other public agencies shall make their
presentations.
6.The initiator of a request shall have an opportunity for rebuttal.
7.The Planning Commission shall discuss the matter and take
action.
The Planning Commission has an obligation to be as clear and simple in its procedure as
possible, and therefore should avoid, in voting, the finer points of parliamentary rules
which may serve only to obscure the issues.
Section 7 A Planning Commission member who attends a meeting of the City
Council as a representative of the Commission should follow the
following guidelines:
(a)The official representative need not speak on every issue referred
to the Council, but should participate in Council discussion when it
appears necessary.
(b)The representative should answer questions about Commission
policies if these are addressed to him or her by the Council.
(c)The representative should support the Commission’s majority
report and should not present his or her own point of view, or that
of the minority, unless specifically asked.
Section 8 In the interest of avoiding bias, an individual Planning Commission
member shall not discuss with the applicant for a specific land use, or
others interested in the application, any request that is to be heard by
the Commission and on which he or she will vote, except that
answering questions relating to time, place, and Commission
procedures will not be considered as violations of this rule.
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ARTICLE V. Officer’s Duties
Section 1 The officers of the Commission shall be a President, Vice
President, and Executive Secretary.
Section 2 The President and Vice President shall be elected to one-year
terms. The election shall take place at the year’s first regular
meeting following Council action on four-year appointments to the
Commission. The new officers shall assume their duties
immediately.
Section 3 The President shall preside at all meetings and is eligible to vote on
all matters, except as provided in Article III.
Section 4 The Vice-President shall perform all the duties of the President in
the President’s absence.
Section 5 The Executive Secretary shall be the Planning Director of the city
of Eugene. He or she shall be responsible for keeping the records
of the Commission, arranging for meetings, preparing agendas, and
performing such other services of the Commission as are
customary in that role.
ARTICLE VI. Subcommittees
Section 1 The President shall appoint subcommittees as needed.
Section 2 The President may appoint a chairperson for each subcommittee,
or may serve in that capacity himself or herself.
Section 3 The President shall be an ex officio member of all subcommittees.
ARTICLE VII. Advisory Committees
Advisory committees to the Commission may be appointed by the President with
concurrence of Commission members.
ARTICLE VIII. Amendments to By-Laws
These By-Laws may be amended by an affirmative vote of at least four (4) voting
members at any regular meeting, providing notice of such amendment is given at a
preceding regular meeting.
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