The By-laws of Community Board 3 of Manhattan shall conform to the provisions of the New York City Charter including, but not limited to, Section 2800, and all relevant provisions of federal, state and city law. Board members should refer to the Handbook for Community Board Members, issued by the Mayor's Office Community Assistance Unit, which enumerates these policies and procedures as well as describes applicable sections of the New York City Charter.
Community Board 3 may establish such additional rules of its own as are not specifically covered by the language of these By-laws and the New York City Charter and are not in contravention of these By-Laws or the New York City Charter.
I. Board Members
A. Board Members shall be appointed by the Borough President. All members serve on the Board as private citizens only and shall not represent the interests of any organization with which the Board Member is affiliated
B. Any Board Member participating in the Board's consideration of a matter in which the Board Member has a conflict of interest shall state the nature of the conflict of interest in speaking to the issue and shall not vote on such matter, but shall be recorded on the vote tally as present and not voting.
C. Any Board Member appearing before a governmental body or making a public statement that conflicts in any respect with positions adopted by the Board must clearly state that their statement is a personal position. No Board Member shall represent the Board's position before any governmental agency, department or authority unless specifically authorized to do so by the Board Chairperson.
D. Every Board Member is required to serve on one committee as appointed by the Board Chairperson and may serve on an additional committee, subcommittee, or task force. Appointment to any additional committee, subcommittee, or task force shall be at the discretion of the Board Chairperson.
E. No Board Member shall be eligible to serve as a committee chairperson until they have completed one year of service on the Board unless, because of unique qualifications or expertise, the Board Chairperson appoints them for that position.
F. No Board Member except the Board Chairperson shall concurrently serve as chairperson of more than one committee, or concurrently hold any office while serving as a committee chair of the Board.
G. Board Members are expected to regularly attend all Full Board meetings and all committee, subcommittee and task force meetings to which they are appointed as members.
1. A Board Member shall be deemed present at a Board meeting, committee, subcommittee or task force if they are present for the first and last votes at that meeting. If present at either the first or last vote but not both, a Board Member shall be deemed present at half the meeting.
2. A Board Member may request in writing that the Board Chairperson grant the Board Member extended excused absence from meetings for any of the following reasons:
a. The Board Member is serving in the active military;
b. The Board Member is suffering from a long-term illness;
c. There is a long-term illness or death in the immediate family or household of the Board Member;
3. A Board Member requesting an extended excused absence for two months or longer shall notify the Board Chairperson in writing of their anticipated absence (or promptly thereafter if circumstances prevent advance notice) and when they anticipate being able to resume regular attendance at meetings. This process shall apply to any of the enumerated reasons. Acceptance of such request shall be at the discretion of the Board Chairperson. The Board Chairperson shall notify the Board Member in writing of acceptance or denial and copy the District Manager. The Board Chairperson should note any offices or responsibilities of the person and assign responsibilities.
4. If the Board Member is a member of two committees, subcommittees or task forces scheduled at the same time or is assigned to represent Community Board 3 at another meeting, the member is not marked present or absent at the meeting the member is missing, but is noted to be at another meeting. The Board Chairperson shall designate which meeting the member will attend when there is a conflict.
H. All Board Members are automatically excused from up to one-third of their obligated meetings to cover short-term illness, work, and other everyday issues that come up.
1. If a Board Member is absent from more than one-third of the Board Member's meeting obligations during a six-month period, the Board Chairperson shall propose that the Executive Committee take action. The Executive Committee may decide that a letter shall be sent either electronically or by regular mail to the Board Member advising the Board Member of their substantial lack of attendance with a copy to the elected official who recommended the Board Member and the Borough President. If the letter is sent and if during the next three months, the Board Member continues to be absent from more than one-third of their meeting obligations, the Board Chairperson shall propose the removal of the Board Member as set forth in Section I below. There shall be two periods for measurement of attendance each year (April to September and October to March).
I. Procedures for Removal or Reprimand of a Board Member for Cause
The Board may, by a majority vote at a regular meeting reprimand or remove a Board Member for cause.
1. A Board Member may be reprimanded or removed for cause for any of the following reasons:
a. A felony conviction during the Board Member's term of service on the Board.
b. Soliciting, receiving, or accepting any remuneration in exchange for a vote on any item under consideration by the Board or any of its committees, subcommittees or task forces if there is a Department of Investigation or Conflicts of Interest Board determination that a Board Member had solicited, received, or accepted remuneration.
c. Failure to declare a conflict of interest based on a Department of Investigation or Conflict of Interest Board determination.
d. Substantial lack of attendance at Board, committee, subcommittee and/or task force meetings as defined in section H.
e. Any form of Board representation not authorized by the Chairperson.
f. Demonstrating behavior unbecoming a Board Member, including but not limited to disruptive, demeaning, abusive or violent behavior.
2. Initiating the Removal or Reprimand Process:
a. Any Member may recommend to any Executive Committee member that the Board take action to reprimand or remove a Board Member for cause. The Executive Committee member to whom the recommendation is made shall promptly report this to the Board Chairperson.
b. The Executive Committee shall discuss the issue as soon as possible at a meeting which may be in executive session. The committee may, by majority vote, initiate action to remove or reprimand.
c. If the Executive Committee decides to initiate such action, the Board Chairperson shall place the proposed removal or reprimand of the Board Member on the agenda of the Executive Committee meeting or other appropriate committee or task force (the "Hearing Committee").
3. Hearing and Removal or Reprimand Process:
a. The Board Chairperson, or designated Executive Committee member, shall provide to the Board Member written notice of the proposed removal and charges against them at least ten (10) days prior to the meeting of the Hearing Committee. At that Hearing Committee meeting, which may be in executive session, the Board Member shall be provided an opportunity to respond to the charges. The committee members may also ask questions of the affected Board Member.
b. In the event the charges require additional information, testimony etc., the Hearing Committee may decide to schedule additional meetings which may be in executive session.
c. If the Hearing Committee passes a resolution to recommend to reprimand or remove the Board Member, then the resolution shall be presented at the next Board meeting which may be in executive session.
d. If the Full Board votes in favor of removal, the Board Member shall be deemed removed, immediately after the vote. The Board chairperson shall notify the elected official who appointed the Board Member and the Borough President of the removal of the Board Member with a request to appoint a person to fill the remainder of the term.
II. District Manager and Staff
In accordance with the City Charter, personnel, policies of the City of New York and existing requirements of due process, the Board shall appoint a District Manager and staff to serve at the pleasure of the Board. Such staff shall perform such functions as are assigned by the Community Board or other provisions of law.
III. Full Board Meetings
A. There must be at least one Full Board meeting of the Community Board each month, September through June, at such time and place as shall be designated by the Board Chairperson in the written notice of the meeting sent to the Board Members.
B. A majority of the appointed Board Members shall constitute a quorum.
1. There may be special and emergency Full Board meetings. These meetings shall be governed by the same procedures as regular Full Board meetings. A special meeting is a Full Board meeting other than the regular monthly Full Board meeting. A special meeting shall be convened with no less than two week's written notice. The notice shall specify the purpose of the meeting. The special meeting may be at the request of the following:
a. At the request of the Board Chairperson.
b. At the Borough President's request.
c. Upon resolution adopted by the Full Board.
d. Upon written request of at least one-third of the appointed Board Members presented to the Board Chairperson and the Borough President.
2. An emergency meeting of the Full Board shall be called by the Board Chairperson in circumstances where a failure to act or make a decision immediately would result in irreparable harm or a missed opportunity. At least two days' notice must be given of the meeting setting forth the purpose of the meeting. Notice of an emergency meeting may be given by telephone or email.
1. Opening of the meeting
2. Public Session
There shall be a Public Session of up to one hour at each Full Board meeting. Any person may sign up to speak. The Board Chairperson may limit the number of speakers on the same topic. Each speaker shall be limited to a period of no more than 2 minutes, each representative of a public official shall be limited to 2 minutes and each public official shall be limited to 5 minutes, unless otherwise permitted by the Board Chairperson. During elected official reports only Board Members can speak and ask questions that are germane to issues related to CB3. Brief presentations by governmental agencies or applicants may be scheduled by the Chairperson during the Public Session
3. Business Session
During the Business Session only Board Members may debate the issues on the agenda and vote on those issues. The proponent of an issue before the Full Board who is not a Board Member may, upon request of the Board Chairperson, respond to questions in the Business Session. The Business Session consists of the following items:
a. Roll call and approval of minutes
b. Board Chairperson's report
c. District Manager's report
d. Committee and Task Force chairperson's reports
e. Old business
f. New business
1. All final decisions on Board issues require a roll call or written vote of the Full Board.
2. The Secretary shall record votes in favor, against, abstentions and Board Members present but not voting because of a conflict of interest.
3. Board Members must vote in person. No proxies are permitted.
4. No vote may be taken at Full Board unless a quorum is present.
5. A motion will pass if a majority of the Board Members present vote in favor of the motion.
IV. Community Board Officers
A. The officers of the Community Board shall be Chairperson, First Vice-Chairperson, Second Vice-Chairperson, Treasurer, Secretary and Vice Secretary. Each officer shall perform such duties as are incidental to the office in accordance with generally accepted rules of parliamentary procedure.
B. Each Officer shall serve for a one-year term commencing on the 1st day of December immediately following the election and ending on the 30th day of November.
C. Duties of Chairperson
1. To perform all duties as prescribed in the New York City Charter and any other duties prescribed under law.
2. To attend any meetings required by the Mayor and the Borough President or to designate their representative(s) to attend.
3 To open, conduct and close Full Board meetings at the time and date at which the Community Board is to meet in accordance with Robert's Rules of Order. To state and put to a vote all resolutions and motions which arise in the course of the Board's business and to announce the results of all votes.
4. To represent the Board and perform all necessary functions according to the decisions duly made by the Full Board, including, but not limited to, communicating with governmental agencies.
5. To affect all acts, orders and proceedings of the Full Board, sign all letters and resolutions from the Full Board, and to be the sole spokesperson for the Board in relation to the news media, governmental agencies and the public, except as they shall otherwise specifically authorize to another person.
6. To appoint or remove chairpersons or co-chairpersons of committees of the Board. To appoint or remove chairpersons of subcommittees and task forces of the Board.
7. To appoint members to all committees, subcommittees and task forces and to remove members as necessary for the proper functioning of the committees, subcommittees and task forces.
8. To prepare and deliver the Chairperson's report at each Full Board meeting, provide information on important Board issues and relay information received from the Borough President's office and/or other governmental agencies.
9. To be a signatory on the Board's imprest account.
10. To appoint a person well versed in Roberts Rules of Order as a parliamentarian. The parliamentarian shall not be an officer of the Board.
11. The Board Chairperson shall be an ex-officio member of each committee, subcommittee and task force and may vote on any agenda item. The Board Chairperson when present at a committee, sub-committee or task force meeting (except the Executive Committee) shall not be counted in the quorum except on a ULURP vote.
D. Duties of Vice-Chairpersons
1. The First Vice-Chairperson shall preside at the Full Board meeting in the absence of the Board Chairperson. The Second Vice-Chairperson shall preside at the Full Board meeting in the absence of the Board Chairperson and First Vice-Chairperson. The Secretary shall assume these duties in the unavailability of the Second Vice-Chair to perform these duties.
2. The Vice-Chairpersons shall assist the Board Chairperson as required including attending meetings in the place of the Chairperson.
3. The Second Vice-Chairperson shall maintain records of the attendance of Board Members at all meetings and shall send notices in October and April to any Board Member who was absent from more than one-third of the Board Member's meeting obligations. Copies of the notices shall be sent to the Board Chairperson, the Borough President, and the appointing Council Member.
E. Duties of Secretary
1. The Secretary shall take the minutes of the Full Board meetings, Executive Committee meetings and any special or emergency meetings. The draft minutes shall be distributed to all Board Members prior to the next Full Board meeting or special or emergency meeting.
2. The Secretary shall call the roll and record all votes at the regular monthly meetings and any special or emergency meetings
3. If the Chairperson, First Vice-Chairperson and Second Vice-Chairperson are absent from a Full Board meeting the Secretary shall assume the duties of Board Chairperson for that meeting.
F. Duties of Vice Secretary
Where both the Secretary and Vice Secretary position is filled, these officers may divide their responsibilities as their workload dictates.
G. Duties of Treasurer
1. The Treasurer shall monitor the fiscal operations of the Board and the Board's operating budget and shall manage the use of monies allocated from elected officials and any grants received. He/she shall be a signatory on the Board's imprest account.
2. If the Board Chairperson, First Vice-Chairperson, Second Vice-Chairperson and Secretary are absent from a Full Board meeting then the Treasurer shall assume the duties of Board Chairperson for that meeting.
3. The Treasurer shall be responsible for fund raising and for chairing any meetings whose purpose it is to authorize the expenditure of donated funds.
H. Term Limits for Board Chairperson - No person may serve as Board Chairperson for more than four consecutive one year terms.
I. Election of Officers
1. At the Board's Full Board meeting in the month of September, the Chairperson shall appoint a nominating committee consisting of five Board Members, none of whom may be candidates for office or current Board officers and shall designate one of the Board Members to be the chairperson of said committee.
2. The nominating committee shall make its report to the Full Board at the Full Board meeting in the month of October and shall recommend one or more Board Members for each office. At the October meeting Board Members may nominate additional candidates for office from the floor. Written notice of the election and nominees shall be sent to each Board Member prior to the election.
3. At the Full Board meeting in the month of November pursuant to written notice sent to each Board Member, there shall be an election held for each of the offices. Prior to the election all candidates shall be given an opportunity to present their qualifications. If there is no nominee for an office, nominations for that office shall be accepted prior to the election. In the event that two or more candidates are running for an office and no one candidate receives a majority of the votes, then a run-off election shall be held immediately between the two candidates receiving the highest number of votes.
a. The person receiving the majority of the votes for each office shall be elected.
b. The election of officers shall be conducted by written ballot unless, under extraordinary circumstances such as those in effect during the imposition of Executive Order No. 202.1 suspending Article 7 of the Public Officers Law which allows for remote meetings, remote voting methods that comply with open meeting law will be utilized.
An officer may resign from their office on the Community Board. The resignation will be deemed accepted upon receipt of written notice of resignation by the Board Chairperson. The Board Chairperson may resign by delivering written notice to the Executive Committee via the First Vice- Chairperson.
K. Removal of Officers
Any officer may be removed from office if the officer is absent from three consecutive Full Board or three consecutive Executive Committee meetings. A recommendation for removal will be made by the Executive Committee to the Full Board and removal shall be affected by the majority vote of the Full Board.
L. Officer Vacancies
1. In case of any vacancy in any office except the Board Chairperson, a successor to fill the unexpired term shall be elected by the full Board. The Board Chairperson shall announce the open position at the first Full Board Meeting following a vacancy. Board Members who desire to fill the vacancy shall submit their names to the Chairperson n. or person designated by the Chair. The Chair shall specify a deadline to submit names and nominations before the next board meeting. A vote shall be taken at the next Full Board meeting. If no Board member is voted in to fill the vacancy the chair may re-start the election process, or such office may remain vacant until the next annual election.
2. If during the Board Chairperson's term the Board Chairperson is unable to serve, the First Vice-Chairperson shall succeed as Chairperson for the balance of the unexpired term and the Second Vice-Chairperson shall succeed as the First Vice-Chairperson. A Second Vice-Chairperson shall be elected as set forth above.
V. Executive Committee
A. The Executive Committee shall be comprised of the Board Chairperson, First Vice-Chairperson, Second Vice-Chairperson, Treasurer, Secretary, Vice Secretary and all committee chairpersons.
B. In emergency situations, the Executive Committee may act on behalf of the Board provided that any such action shall be ratified by the Board Members at the next Full Board meeting. If the action is not ratified, there shall be no further implementation of the action and the action must be withdrawn. An emergency situation arises at any time that a failure to act or make a decision would result in irreparable harm or a missed opportunity.
C. The Executive Committee shall approve any expenditure by the district manager in excess of $2,000.00.
D. Operational matters will be addressed by the Executive Committee.
VI. Public Members
A. Members of the public may be appointed by the Board Chairperson to serve on committees, subcommittees and task forces.
B. Public members of committees, subcommittees and task forces may vote upon items before the committees, subcommittees and task forces but may not vote at the Full Board meeting.
C. The term of every public member shall be for one year ending on June 30th of each year but may be extended at the discretion of the Board Chair.
D. Public members may be reappointed by the Board Chair after applying for reappointment by completing an application.
E. Any public member may be removed from a committee, subcommittee or task force by the Board Chair if the public member is absent from two consecutive meetings. The public member will be notified of removal in writing either electronically or by regular mail.
A. The Board shall have such committees as are necessary to hear and debate the issues in the district. A committee shall be established at the recommendation of Board Chairperson and a majority vote of the Full Board.
B. Committees shall be comprised of no fewer than five committee members, a majority of whom must be Board members. The chairperson and any co-chairpersons of the committee must be a Board Member(s) and shall be appointed by the Board Chairperson. At the discretion of the committee chairperson the committee may have a vice chair and/or a secretary. The vice chair and/or the secretary shall be appointed by the committee chairperson.
C. Each committee shall meet once per month (except August) unless the Board Chairperson and/or the chairperson of the committee deem an additional meeting necessary or a meeting unnecessary.
D. A Board Member, other than the Board Chairperson, who is not a member of a committee may not vote on any item before the committee unless that item is a ULURP. The Board Chairperson may vote at any committee when present at a meeting.
E. Committees shall keep minutes containing a record of all motions taken, as well as attendance and voting records. These records shall be submitted in writing to the Board's office in sufficient time to be incorporated into the vote sheet distributed to the Executive Committee for the succeeding Full Board meeting.
F. A committee shall be dissolved upon recommendation of the Board Chairperson and a majority vote of the Full Board.
A. Subcommittees of existing committees may be established at the recommendation of the Board Chairperson and majority vote of the Full Board to hear and debate significant topics that regularly come before that committee.
B. Subcommittees shall be comprised of Board Members and may include public members appointed by the Board Chairperson. Members of the subcommittee need not be members of the existing committee. A majority of the members of the subcommittees must be Board Members. The chairperson of the subcommittee shall be appointed by the Board Chairperson.
C. Each subcommittee may meet once per month or as necessary.
D. Subcommittees shall keep minutes containing a record of all motions taken, as well as attendance and voting records. The chairperson of the subcommittee shall report these to the Board office and to the committee before its next regular meeting and all votes shall be recommendations to the committee.
E. A subcommittee's recommendation shall not limit in any way the full committee's duty to hear the public nor to vote.
F. A subcommittee shall be dissolved upon recommendation of the Board Chairperson and a majority vote of the Full Board.
IX. Task Forces
A. Task forces may be established at the recommendation of the Board Chairperson and majority vote of the Full Board for a limited purpose and shall be temporary in nature.
B. Task forces shall be comprised of Board Members and may include public members appointed by the Board Chairperson. A majority of the members of the task force must be Board Members. The chairperson of the task force must be a Board Member and shall be appointed by the Board Chairperson.
C. Task forces shall keep minutes containing a record of all motions taken, as well as attendance and voting records. These records shall be submitted in writing to the Board office in sufficient time to be incorporated into the vote sheet distributed to the Executive Committee for the succeeding Full Board meeting.
D. A task force shall be dissolved upon recommendation of the Board Chairperson and a majority vote of the Full Board.
X. Executive Session
Upon motion and the majority vote of any body of the Board, including the Full Board, a Committee, Sub-Committee or Task Force, that body may enter into an Executive Session during their regular meeting. Executive Session may be held to discuss only those statutorily identified purposes set forth in the New York State Open Meetings Law. An Executive Session is closed to the public and discussion is limited to the matter for which that body voted to enter into Executive Session. A vote may be taken in the Executive Session, but the vote of each member of that body must be recorded and be publicly available.
The Board Chairperson assigns a ULURP action to one committee or to a joint committee which has or which shares oversight of the functional area related to the content the ULURP. A Public Hearing will be held by the assigned committee(s). Any Board Member may attend the Public Hearing for a ULURP, and attendance of at least 20% of all Board Members is required. A vote may be held at the close of the Public Hearing and all Board Members present and public members of the committee(s) assigned to the ULURP are eligible to vote. This vote is referred to the Full Board for a vote as with any other committee vote. The Full Board vote is the official ULURP vote.
A. "Board" refers to the full Community Board 3 body, aka the "Full Board"
B. "Full Board" refers to the full Community Board 3 body, aka the "Board," which meets on a regular basis, as specified in these by-laws
C. "Quorum" means more than half of the committee or Full Board
D. "Days" shall mean calendar days unless otherwise specified.
Any notice required by these By-laws may be sent by email or regular mail to the addresses on file with Community Board 3 except as otherwise provided in these By-laws.
The By-laws may be amended by a majority vote of the Board Members present and entitled to vote at any Board meeting. A copy of the proposed amendment shall be sent by email or regular mail to all Board Members at least twenty-eight (28) days prior to the vote to amend. A copy of the proposed amendment shall be referred to a By-Laws Task Force established to review and approve the proposed amendment in advance of distribution of the proposed amendment to the Board Members.
Revised: September 28, 2021