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HomeMy WebLinkAboutResolution No. 3745RESOLUTION NO. 1 A RESOLUTION ADOPTING A MODEL CHARTER FOR NEIGHBORHOOD ORGANIZATIONS. The City Council of the City of Eugene finds that; A Neighborhood organization Recognition Policy was adopted by the City of Eugene by Resolution No. 2554 on August 23, 19760 The Neighborhood Organization Recognition Policy requires that neighborhood organizations.adopt a governing document, and that it be in compliance with certain principles of that Policy. The Citizens Involvement Committee.has recommended that a model charter be.developed to aid neighborhood organizations in adopting or revising their charters to provide for effective com- munication, conflict resolution, and the development of adequate processes for making recommendations to the city Council, its boards and commissions. The Council finds that it is in the best public interest to approve this recommendation. Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows; Section 1 . The City of Eugene adopts the Model Charter set forth in.Exhibit "A" attached hereto and incorporated herein.by reference as though fully set forth. Section 2 . The Model charter shall be used by neighborhood organizations which seek recognition from the City of Eugene in formulating their governing documents, and by neighborhood organi- zations which have been recognized by the City of Eugene.to review their provisions in order to provide for effective communications, conflict resolution, and insure the adequacy of their processes for making recommendations to the City Council its and commissions. . Section 3. The City's Neighborhood Liaison are requested to provide copies of this Resolution and its attachment to all cur- rently recognized neighborhood organizations within the city. The foregoing Resolution adopted this day of January, 1983. City Re rder Resolution des 3 7 q5 .MODEL CHARTER FOR EUGENE NEIGHBORHOOD ORGANIZATIONS This Model Charter for Neighborhood Organizations has been prepared in response to the citizen Involvement Committee's (CIC ) recommendation, approved by the Eugene City Counc that a model charter be developed to aid neighborhood organizations in reviewing their charters for possible changes and to im A rove and clarify the operating processes of the group. The CIC has been particularly concerned about neighborhood charter's provisions for effective communication, conflict resolution and adequate processes for making recommendations to the City Cou n c il, y cal, boards and commissions, The city of Eugene has adopted a Neighborhood Organization Recognition Policy (Resolution No. 2554) contain � r h l n some specific requirements for neighborhood organizations' charters and implies other requirements. For example, Section l (d) of the Neighborhood organization Recognition Policy requires that "the organization's - structure shall provide for necessary coordination among neighborhood residents and between the neighborhood and city departments and the elected and appointed officials." We have interpreted this to imply requirement for some Y q level of internal organizational structure, such as officers and an execu- tive board, A particular neighborhood organization may' not l i k e the. language used in the model char-ter, and is free to change it. However, all of the articles and /or sections of the model charter marked with * should be complied with, at least in principle. The other charter provisions are suggested to articulate how the organization gill . f unction so that organization zatio g n members are aware of the processes involved. A number of sections have alternative provisions. The mar g i - nal note should be 'referred to in determining f the organization q must choose, for example, a or b, or can include both a and b, if desired, It is not expected that neighborhoods will substantially change their charters immediately, but it- is' hoped that neigh- bor hood groups will compare the model carefully with their charter to determine if any new rovisions would improve mpr ove t h e operations of their group or meet the concerns of the C IC , Approved by Resolution No. 3745 of the Eugene City Council, g y 1, on the 25th day of January, 1-983, MPM MODEL CHARTER FOR NEIGHBORHOOD ORGANIZATIONS * ARTICLE I. NAME The name of this organization shall be * ARTICLE II. GEOGRAPHIC BOUNDARIES The (Name of Neighborhood Organization) shall encompass that area bounded by, ARTICLE III. PURPOSE - This Section uses the Section 1. The or an ' ' g ization shall be language of the city of Eugene's Neighbor- advisor to the City t C • y y ouncil, Planning hood Organization Recognition-Policy, Commission, other City boards commissions Resolution No.. 2554. ' and officials on matters affecting the growth and development of the neighborhood. The organization may develop neighborhood propo- sals with respect to land use, zoning, parks, open space and recreation, annexation, housing, community facilities, transportation and traffic, public safety, sanitation, and other activities and public services which affect the neighborhood, * Neighborhood Charter should include this or similar lan ua g ge. Model Charter - 1 This Section could be used as an alter- native to Section 1 This Section helps meet the requirements for non -prof it income tax status ( (3) , This Section is optional. This Section is optional. Section 2. The organization shall address .all matters which affect the ne ighborhood r in accordance with the City-of Euqene' s Neighborhood organ i zat ion Recogn i t ion of is p y, Resolution No. 2554, including problems of public safety and economic development. Section 3 . The organization shall serve in an educational capacity to inform the citi- zens of the neighborhood. The organization will encourage and facilitate communication among the members on matters of common concern. Section 4 . The organization shall engage in action of a cooperative self -hel. nature' p p to preserve and develop the neighborhood and to achieve the objectives of this and other neighborhood associations, Section 5 . The organization shall do what- ever else it de -ems necessary and appropriate to enhance the welfare of its members and livability of the ' ne ighborhood . Model Charter - 2 ARTICLE I V . MEMBERSHIP, Eugene's Neighbor -- * Section 1 . Membership is open to an hood Recognition Policy, Res.No. 2554, resident, property owner, or business owner requires that partici- pation in the neigh- [18 years of age or older] within the boun -- borhood be open to any 'res i--- dar ies descr in ,Article II, dent, property owner or business owner within the boundaries. Votinq qualifications are to be set by the organization (Sec. 2 below) but residents must be allowed to vote. The city has not established an age requirement for membership or votinq . The organization must * Section 2 decide if businesses and organizations a. Each member shall be entitled located in but not owning property in the. to one vote. Each corporation, at ion art- - p � p neighborhood will be allowed to vote. ' .I f so, ner sh ip, non - profit agenc y, or business use alternative a; if not, use alternative.b, shall be limited to one vote. b. Each resident member shall be entitled to one vote, Businesses and The Citizen Involvement Committee (CIC) recommends non-- profit organizations located in but that organizations which do not allow non - residents not owning property in the area, and non - to vote, insure participa- tion of such non -- voting resident property owners, are invited to members in order to minimize potential have representatives participate in the conflicts, organization as non - votinq members. when non -- votinq members are present at - a - general meetinq , the Chairperson shall *Neighborhood Charter should include this or s imi lar ' lanquage. Model Charter -- 3 insure that they are provided an opportunity to participate. Section 3. The organization should a. Membership is declared by decide whether to use an having one's signature and add Tess on the official membership list (alternative a) , whether organization's "official membershi p it is necessary to establish provisions for termination list . " of membership ( alterna- tive by , whether members b. Membershi p shall terminat e at should not be able to vote -at the first general once for anyone who moves from the ne i g h-- meeting attended, (alternative c) and borhood, whether this same rests ic-- t ion should apply if co A member must have attended a non-resident members have voting - rights. (alterna-- general meeting within the y revious year p t i ve d) . The neighbor- hood should decide if the in order to .vote , The or an i z q ata.on shall same person ("The representative") or any keep and maintain attendance lists for all person ( "A representative") must have attended a prior such meetings for at least twelve months. meeting to vote. do [The /A] representative of any corporation, partnership, non-- profit agency, or business shall have attended a general meeting within the previous year - in order to vote, Since any votes by the Section 4 . There shall be no absentee organization represent the "sense" of the voting nor voting by proxy, community, it is appropriate to require members to attend the meeting and hear the discussion in order to vote. Model Charter - 4 The organization may choose to have other officers, such as. a public relations person, or to dispense with certain officers. The organization may wish to use other titles such as presi- dent, executive officer, etc. The organization may consider adding other specific duties for the chairperson. The organization may to assign the vice - chairperson some specific duties, * ARTICLE V* OFFICERS Section 1 . The officers shall consist of [a Chairperson, Vice Chairperson, Secretary, Y and Treasurer] . Section 2 . Duties of Chairl2erson, The Chair shall coordinate and supervise the business and activities of the executive board and the organization. Be /she shall. p reside at all meetings of the executive board and general membership, serve as an ex officio member of all committees, and be the primary contact person for and liaison with the city of Euqene. Section 3 . Duties of Vice-Chairperson, The Vice chairperson will assist the Chairperson in his /her duties upon request. In the absence of the Cha i rper son , or in the event of his /her inability or refusal to act, the Vice Chairperson shall execute the duties and powers of the Chairperson. Section 4 . Duties of Secretar The Secretary shall record the minutes of all general membership and Executive Board meetings and maintain on file copies of said minutes, correspondence, membership lists, attendance lists and other records. *Neighborhood Charter should contain this or similar 1 anq u aq e . Model Charter - 5 The organization should determine whether the treasurer can dispense funds solely on his /her own signature, or if another of f icer I s approval is necessary. The organization may wish to require another signature only for expenditures over $100.40. Section 5 . Duties of Treasurer -. The Treasurer shall receive all association funds, deposit them in a bank approved by, the Executive Board, and pay out funds only on notice signed by him /her [ and by one other officer] [if the expenditure exceeds $ ARTICLE VI. EXECUTIVE BOARD The Executive Board (or Executive Committee, steering Committee, Board of Directors) will include the officers of the organization and representatives of the .general membership ( alternative a ) , repre- sentatives of areas of the neighborhood (alternative b) , or representatives of the organization's standing committee (alternative c) . The size of the Executive Board should be determined by the organization, although at least four persons in addition to officers "is a recommended minimum. If the organization is incorpora- ted, the Executive Board should have the same name as and per -form the duties of the Board of Directors f or corporate'purposes. * section 1. a. The Executive Board shall con- sist of the officers of the organization and other persons, b, The Executive Board shall con -. silt of the officers of the organization and other persons, representinq the following sections of the neighborhood .c. The Executive Board shall con- sist of the officers of the organization and representatives of each stand inq com- mittee. *Neighborhood Charter should contain this or . Similar lanquaq e . Model Charter - 6 It is recommended-that the Executive Board meet at least monthly from September through May. The membership should be informed of the schedule. The organization may wish to specify that it will announce the schedule in the news- letter or at general membership meetings. This section allows the Chairperson to call special meetinqs, in the event of an emergency, or the Executive Board to convene itself, if, for some reason:. the Chairperson fails to do so. This section. insures that the : business of the organization will not be performed by fewer than a majority of the Executive Board. It is important that Executive Board decisions be communicated to and reviewed by the general membership. This is a general statement of the power of the Executive Board. The organiza- t ion may wish to list more specific duties, Section 2 . The Executive Board shall hold regularly scheduled mee tinq s and - the mem- bership shall be given reasonable, advance notice of such schedule. Meet inq.s of the Executive Board shall be open to the mem- bership and the general public. Section 3 . Special meetings of the Executive Board may be called by the Chairperson or by one -half of the Executive Board members, after notice has been provided to all Executive Board members, Section 4 . The majority of the Executive Board members shall constitute a quorum for the transaction of business, Se ction 5. Minutes of the Executive Board shall be kept on file and summaries of actions taken shall be communicated to the general membership through publication in the organization's newsletter or presentation at the next general meeting, Section 6 . The Executive Board may con- duct such business and tape such action as may be necessary to accomplish the purposes of the organization. Model Charter - 7 sented by at least one-third of those votinq, this shall also be presented. Section 9 , The Executive Board will be responsible for establishinq the time, place, and agenda for general meetings and incur inq reasonable advance. notice to members of such meetings. The organization may Section to . The Executive Board shall not wish to identify speci- fic actions which the Executive Board cannot take without approval of the general membership. Model Charter - 8 Section 7 . Executive Board policy deci- There may be situations where the Executive sions and opinions representinq the view of Board needs to make major decisions. before the community on an issue where ' the general the next , general membership meeting, membership has not yet voted shall be p re- This section insures that such decisions sented to the membership at the next general - will be communicated to and reviewed by the meet inq . The membership may override the membership. . Executive Board decision by two -- thirds vote. The CIC recommends Section 8 . The Executive Board shall that advisory opinions indicate the specific represent the neighborhood's opinions to the- basis of the decision, City Council, Planninq Commission, or other appropriate decision- makers. Such advisory opinions will specify whether the position is one 'of the general membership, the Executive Board, or a committee, or by organization mem- bers present and lackinq a quorum. If. there is a minority position on the issue, repre- sented by at least one-third of those votinq, this shall also be presented. Section 9 , The Executive Board will be responsible for establishinq the time, place, and agenda for general meetings and incur inq reasonable advance. notice to members of such meetings. The organization may Section to . The Executive Board shall not wish to identify speci- fic actions which the Executive Board cannot take without approval of the general membership. Model Charter - 8 ARTICLE VII. NOMINATION, ELECTION AND REMOVAL OF OFFICERS AND EXECUTIVE BOARD MEMBERS . See Art. 8, 2 identi - Section 1. The officers and additional f ying which general membership meeting Executive Board members shall be elected by a will be the annual meet- ing. officers may majority of those in attendance at the annual serve a 1 yr, term, 2 yr , term, or stagger - meetinq in and shall serve a ed terms so that there are always some. year term, experienced members on each board. Sections 2 and 3 Section 2. A nominating committee shall describe a process by which the general be formed prior to the annual meeti ' nq . The membership has an opportunity to par ti - committee shall be composed of a member of the c spate in the nomi. n-a- t ion of officers, Executive Board and two 0 other persons. Notice The organization may wish to specify the of the creation of the nomi nat i n q committee month when the nomina- Ling committee shall and of the annual election shall be u ' p bushed be formed n and may wish to for in the newsletter, publication of nominees in the Section 3 . At the annual meet 1 ' nq , the newsletter. It is .recommended, however, nominating committee shall present the p ro- that the process of nominating and proposed . cAnd idates for office, electing of f ic and Executive Board a, Further nominations shall be members may not take more than two months , made from the floor, each nomination bein g for a specific office or board member, b. The slate of candidates shall Some neighborhood organizations allow be published in the organization's newsletter nominations from the floor at the time of prior to the election, and no further nomina -- the meetings; others do not. - Either a tions shall be made from the floor. or b is the appro- priate alternative. Model Charter -'9 Alternative b is the Section 4 0 recommended - sect ion since it allows for a. A vacancy on the Executive f i ll i ng vacancies in a shor ter period of Board shall be filled for the remainder time, of the vacant term by a majority vote of the general membership at the-next general meeting . Board shall terminate at once for anyone who moves from the neighborhood . Model Charter - 10 b. A vacancy on the Executive Board shall be f filled for the remainder of the vacant term by the remaininq members of the Executive Board, subject to approval of the general membership at the next meeting, Section 5 . An off icer may 'be removed by a two-thirds vote of the members present at a general meeting. However, prior notice of, intent to submit a removal motion is required in the agenda. If the Executive Section 6 . If a member of the Executive Board meets 'monthly four absences may Board is absent -for consecutive be appropriate for removal.. . meetings, either regular or special, that member's position shall be. vacated unless the Board finds that an extraordinary circumstances prevent the member's attendance, Section 7 . Membership on the Executive Board shall terminate at once for anyone who moves from the neighborhood . Model Charter - 10 ARTICLE VIII. GENERAL MEMBERSHIP MEETINGS It is recommended the * Section 1 . general membership meetings be held at General membership meetings shall least twice a year. The organization may be held at a time and P lace to be wish to require more frequent meetings, established by the Executive Board. Such meetings shall be held at least - The organization shall Section 2 . A quorum of the g eneral determine a minimum number of members membership shall be voting members, allowed to act at a meeting. In approving other neighborhood organization charters, the city council has 're- quired at least ten voting members as a quorum. * Section 3 . The general membership It is necessary for the organization to meeting for the month of shall be designate one meeting as the annual meeting, the annual meeting, for the purpose of election of officers. * Section 4 . If meeting notices newsletters are hand delivered to all residents) property owners or tenants) within the boundaries, alternative a is appropriate. a. The resident membership shall be notified of each scheduled mee t i nq . *Neighborhood Charter should contain this or similar language. Model Charter - 11 Some neighborhood organiza -- be All members whose signatures and tions use their member -ship list for mailing notices addresses appear on the official membership and /or newsletters, so that all residents (property list shall be given notice of all general owners or tenants) may not be notified, but only meetings, All residents in the neighborhood those on the list. The city asks that all residents shall be notified of at least two meet inq s in the area be notif ied of at. least two general including the annual meeting. meetings, including the annual meeting, but notices of other meetings may be provided . to only those whose names appear on the membership list, The two notices would - provide opportunity for residents to attend the meetings and place their names on the membership list. Alternative b is appropriate if this is the group's procedure. Business and non - resident c* All business and non - resident owners must be given an opportunity to participate owners of property within the neighborhood .in the organization. The organization should notify boundaries will receive notice of the them of at least one meeting, and can, at that annual meeting and at the annual meeting, time compile a mailing list' of non-resident property will be q i an opportunity to receive owners who wish_ to be contacted with the agenda notice of reqular meetings. The Executive of future meetings. Because of the limits of fundinq Board shall be responsible to insure notice for notification, choices will have to be made how is given. Notice through a Local news- - this is done. Notice to non-- resident owners and paper is the minimum requirement, businesses may be given through publication of notice in the local news- paper (Eugene Register Guard), hand delivered or mailed notices. Model Charter -- 12 Either Section a, or b. would allow the general meeting to take certain acts in a matter of emergency. The organization may wish to include both alternatives, The organization may wish to specify that in cases where inter- pretation of the rules is required, the chairperson shall rule on proper procedure. Section 5: Notice shall include the meeting, date time and place and the proposed agenda, Any member may raise an additional matter not pr ev iou s,ly on the aq end a , but that item shall not be voted upon until the next meeting. a. However,.if a member presents a petition containing members' signatures and ind icati nq reasons for emergency action on a matter, that matter may -be voted on at the general mee t inq where the petition is presented. b. However, if a matter is proposed at a meeting and two - thirds of those preamp - sent determine such matter need emergency act -ion, that matter may be voted on at the same general meeting. Section 5 . Special general meetings may be called by the Chairperson or the - Executive Board. Special meetings shall be announced through a local newspaper and /or individual notification of the organization's members. Section 7 . The meetings of the Association shall be conducted in conformity with generally accepted rules and procedures, such as Roberts Rules of order. Model Charter - 13 ARTICLE I x . NEIGHBORHOOD NEWSLETTER This section is optional. Section 1 . The name of the It is not necessary to name the newsletter Ne ighborhood . newsletter shall be within , the charter. The organization * Section 5 . should specify the process for, appointing a. The Executive Board shall an editor for the newsletter and who shall appoint an editor for the newsletter, have responsibility to review the . contents of The Executive Board shall have the ulti -- the newsletter, other than the editor, The mate responsibility for the contents of editor also might be a member of the Executive the newsletter. Board. *Neighborhood Charter should contain this or similar lanquage. Model Charter - 14 * Section 2 . The purposes of the neigh- Section 2, 3 and 4 are taken from the City borhood newsletter are to distribute infor- of Eugene Neighbor- hood Recognition mation to the organization's 'member-s and to Policy, Resolution No. 2554, and apply provide a forum for free expression of opinions to newsletters funded by the City of Eugene. by neighborhood members on issues-of interest to the neighborhood. See Supplement to * Section 3 . Advocacy positions may be Newsletter Guidelines -for Neighborhood included in the newsletter in an ed i for ial Organizations for a more complete explana- format. Newsletters shall clearly indicate tion of the. require- ments of Section 3 editorial material and guarantee space and Section 4. timely printing of d if f er inq viewpoints . * Section 4 . commercial advertis inq will not be permitted in newsletters, The organization * Section 5 . should specify the process for, appointing a. The Executive Board shall an editor for the newsletter and who shall appoint an editor for the newsletter, have responsibility to review the . contents of The Executive Board shall have the ulti -- the newsletter, other than the editor, The mate responsibility for the contents of editor also might be a member of the Executive the newsletter. Board. *Neighborhood Charter should contain this or similar lanquage. Model Charter - 14 C. No anonymous articles shall be included in the.newsletter. ARTICLE X. COMMITTEES Section 1 Standing committees might include committees on a. The Executive ecutzve Board may planning, fund raising, neighborhood activities, establish standi ' nq committees to perform etc. the on-- -goinq business of the association. These committees are Model Charter - 15 b. The membership shall elect a Newsletter committee at the. annual meeting. The Newsletter Committee shall appoint the editor and be respon- sible for the contents of the news letter. The CIC -has been concerned Section 6 with the accountability of - neighborhood newsletters a. Each issue of the news letter and recommends that these provisions be included in shall identify he officers of y the neighborhood charters, Neighborhood organization, the Newsletter Editor or Committee, if any, and - those compiling that issue if other than the officers, editor or committee, b. Each issue of the newsletter shall include an address and /or phone number for submission of articles, let- ters or other material. C. No anonymous articles shall be included in the.newsletter. ARTICLE X. COMMITTEES Section 1 Standing committees might include committees on a. The Executive ecutzve Board may planning, fund raising, neighborhood activities, establish standi ' nq committees to perform etc. the on-- -goinq business of the association. These committees are Model Charter - 15 Instead. of ' stand inq b. The Executive Board may committees, the Executive Board may establish establish committees to perform the committees for specific tasks as the need arises. ongoinq business of the assoc iat ion Whether or not the organization has standing committees, there should be a pro- vision for committees for special projects, The relationship between the Executive Board and the Committees should be clarified at the time- of, the formation of any committees. Section 2 . The Executive Board may establish committees for special projects that are of concern to the membership, in actor- . .} dance with the purpose of the orq an i zat ion , Section 3 . The Executive Board shall specify the purpose, [meetinq requirements,] and committee authority, includ inq permission to speak publicly on issues within the committee's specific concern. Committees shall not speak or act on behalf of the organization unless they have such specific authority, Section 4. a. Committee membership shall be open to all those organization members interested in se ry inq on a particular committee at the time of its formation. b. Committee meetinq s shall be open to all members of the organ i zat ion. The organization should consider these alterna- tives for insuring broad membership participation in committees. Section a might result in a committee which is too large to function effectively. Section b will allow public participation in the committee meetings. Model Charter - 16 If Section c is selected, the organization may wish to specify that such notice will be provided in the Newsletter or at .the general meeting.. The organization should decide who shall appoint the chairperson and secretary for any committees. c. When the Executive Board deter- mines there is a need to establish - a committee, it shall appoint members to that committee, after solici tinq names of interested persons from the general mem- bership, Section 5. a. Each committee shall have a chairperson and a secretary appointed by the Executive Board /Cha i rper son of the Neighborhood organization. b. Each 'committee shall have a chairperson and a secretary elected by the committee. The charter should Section 6. The secretary of each commit - include some process tee shall keep written minutes of the commit- - to insure that the Executive Board is tee meetings. The committee shall p rov ide its aware of the actions of the committees, minutes or an oral report to the Executive Board at its reqular meetings. ARTICLE XI. FINANCES Section 1 . The organization may receive funds and employ persons to further its pur- poses, and may own and dispose of property. Model charter - 17 The organization may have monies received from specific grants, This section assumes that the budgets have been approved before the grant was applied for, and the language should reflect whether the Executive Board or the general membership made such approval. If the budget has been approved, it seems unnecessary to require further approval of expenditures, Section 2 . Grants or monies secured to fund specific projects or programs_, which have itemized budgets already approved by the [Executive Board /general membership], may be expended without further approval for budgeted expenses. Section 3 . An annual budget for monies and grants from other sources shall be approved by the membership before expenditures commence. Section 4. The Executive Board shall establish a fiscal process including budgeting, expenditures, author i zat ions, and an internal fiscal control system The organization may Section 5 . Any expenditures, other than wish to set a maximum limit for expenditures those covered by Section 2 of this Article, by the treasurer or the Executive Board which exceed $ without approval of the general membership. by the general membership, shall be approved ARTICLE xII. AMENDMENTS AND CHARTER REVIEW The general membership Section 1 . This charter may be amended should be allowed to consider major changes by a two -- thirds vote at any general membership in the organization's structure which would meeting. Written notice of the proposed be reflected as amendments to the charter change shall be given to the general Charter.' membership prior to the meeting. Model Charter -- 18 The SIC has recommended Section 2. The Chairperson /Executive that neighborhood Board shall appoint a Charter review committee organizations regularly review their Charters. for a bi- annual review of the organization's That is the purpose of- this Section. Charter, or more frequently i . Y f the Chairperson/ Executive Board deems it neccesary, Model Charter -- 19