Agua
Dulce Town Council pageTo the
Vanguard News Home page ARTICLE 1 NAME
The name of this organization shall be the AGUA DULCE TOWN COUNCIL, hereafter called "Council".
ARTICLE 2 AUTHORITY
The Agua Dulce Town Council derives its authority from the "CHARTER FOR THE AGUA DULCE TOWN COUNCIL" hereafter called "CHARTER", which vas approved by the Community of Agua Dulce on September 21, 1991. The CHARTER takes precedence over these bylaws.
ARTICLE 3 AMENDMENTS TO BYLAWS
These bylaws may be amended at any regular or special meeting of the Council by an "aye" vote of five (5) members, provided that notice of the amendment was given to all Council members at the previous regular meeting.
ARTICLE 4 COUNCIL IS NOT A LAW-MAKING BODY
The CHARTER does not impart any authority to the Council over any person or group with the exception that the Council is the only group that can speak for the community, this authority having been granted by the community when it approved the CHARTER The Council cannot pass laws, and cannot levy assessments or taxes.
ARTICLE 5 STRUCTURE OF COUNCIL
1. The Council shall be a non-profit corporation consisting of seven (7) members elected pursuant to the CHARTER
2. A President, a Secretary, and a Treasurer shall be elected within the Council membership.
3. A quorum shall consist of four (4) members.
4. Committee chairs (with the exception of the Election Committee Chair) shall be appointed by the President with the concurrence of the Council
ARTICLE 6 RULES OF ORDER
The Council shall operate in accordance with Robert's Rules of Order as amended by Attachment 3, Rules of Order.
ARTICLE 7 ELECTIONS AND INSTALLATIONS
1. Town Council elections shall be held each year in the month of November. The installation of council members shall be during the first regular Council meeting following the Council election.
2. With the exception of the l991 election, all Council members shall be elected to serve for two (2) years; the three Council members with the fewest votes in 1991 shall serve for one year. Thus, even years shall elect three (3) members, odd years shall elect four (4).
3. Council officers shall be elected by the Council for a term of one (1) year. Elections of officers shall take place during the first regular Council meeting following the Council election. The Election Committee Chair shall be installed by the Council President at the first meeting following the election of the chair, but no later than January 31 of the following year.
4. All Council members and the Chair of the Election Committee shall be installed every year and, at that time, they shall formally affirm that they will abide by the Charter and by the Code of Conduct defined herein. The Chair of the Election Committee shall also affirm that he/she will abide by the Voting Procedures of the Council bylaws.
5. Elections shall follow the spirit and intent of the California Elections Code unless superseded by the ADTC Charter, bylaws and or voting procedures.
ARTICLE 8 COUNCIL VACANCIES
Where a Council vacancy arises, the first runner-up in the previous election shall be asked to fill the vacant term of office. Should that person refuse, the second runner-up shall be asked, etc. Declines shall be in writing. Should none accept, the President shall request the Election committee to hold a special election forthwith in accordance with Attachment 2 (voting procedures). The elected person(s) shall complete the un expired term(s) created by the vacancy(s).
ARTICLE 9 CODE OF CONDUCT FOR COUNCIL MEMBERS AND COMMITTEES
The term "Council members" includes both Council members and committee members.
1. Council members shall conduct themselves at all times in accordance with the requirements of the CHARTER
2. Absenteeism amounting to three (3) out of any six consecutive regular meetings without an excuse acceptable to the majority of the Council shall indicate a lack of interest in serving
3. Council members shall not imply either in verbal or written communications that they speak for the Council unless a) they are expressing a previously established Council position, b) they have specific authority from at least four (4) Council members during a meeting (regular or special) relating to that specific subject, or c) they are Council committee chairs where the position of the committee has been endorsed by a majority of the Council.
4. Council members have the right to communicate as individuals with anyone at any time on any subject; however, when not representing the Council, they shall in all written and oral communications, preface their remarks with a statement that they are speaking as individuals and not for the Council. Where Council members and committee chairs intend to communicate Council decisions and positions, the President shall be informed of their intent to so communicate; and such communications shall be accurate representations of those Council decisions and positions.
5. Council members shall not make statements which deliberately distort the position of the Council or other Council members. Council members shall not engage in unlawful practices, misappropriation of funds, vote on items where they have a conflict of interest, or conduct activities which are intended to undermine the effectiveness of the Council. The tone and demeanor of all communications by Council members shall reflect a professional manner.
6. All written correspondence from the Council or its committees or subcommittees shall be signed by the Council President or his specific designee; and shall be copied to the secretary.
ARTICLE 10 HEARINGS FOR THE PROPOSED DISCIPLINE OR REMOVAL OF COUNCIL MEMBERS OR COMMITTEE CHAIRS.
1. Council members or committee chairs may be disciplined by the Council when they are found to be in violation of the Code of Conduct (Article 9).
2. Members or committee chairs may be alleged to have commented a violation of the code of conduct in one of two ways: a. In public during an open Council meeting b. In private.
ARTICLE 12 ELECTION COMMITTEE
The Election Committee shall be formed and shall operate in accordance with the CHARTER, with the following clarifications:
1. The Election Committee chair shall be elected by the Election Committee, not by the Council, and shall be installed by the Council President.
2. The Election Committee shall conduct community elections in accordance with the Voting Procedure. (Attachment 2) The voting procedure shall be as approved by the Council.
3. The Election committee shall not exceed the amount of $100.00 in expenses per election. Any expenses over and above the maximum amount must be approved by the Council.
4. The Election Committee Chair shall respond to Council requests to perform tasks defined in the Charter, and the chair shall report to the Council, in writing, the status of Election Committee activities and its financial status.
5. The Election Committee shall abide by the Charter, by the Code of Conduct, and by the Voting Procedure.
6. As long as the Election Committee abides by the above, it may not be interfered with by the Council.
ARTICLE 13 COMMITTEES OTHER THAN ELECTION COMMITTEE
1. Committees shall be created and dissolved by the Council as needed. Committee chairs shall be appointed by the President with the approval of the Council. Committees shall conduct themselves in accordance with the Code of Conduct (Article 9).
2 Committees may serve as Council focal points for the collection of information for the Council. Committees may be deliberative, investigative, and/or empowered to take action, as per Robert's Rules of Order.
3. Committees shall maintain summary minutes of all meetings. All committee recommendations to the Council shall be in writing and shall be filed by the Secretary.
4. Committee Chairs who are not Council members shall be installed by the Council president subject to the CHARTER, the Code of Conduct (Article 9) and the Council bylaws.
5. Committees formed by other organizations may request inclusion as Council committees. The Council may agree to such inclusion subject to "4." above.
6. Only residents, as defined by their principal legal residence within the Agua Dulce area of representation for the previous ninety days will be eligible to serve on a Town Council Committee. (added by revision 6-14-95)
Approved and Adopted: 03/25/92 Revised 7-13-94 and 6-14-95