Boyd Acres
Neighborhood Association
Bylaws
ARTICLE I: NAME AND BOUNDARIES
Section 1: The name of the organization shall be the
Boyd Acres Neighborhood Association (BANA).
Section 2: The BANA is generally located in north/north
central Bend, easterly of the Deschutes River and northerly of
the Oregon Irrigation District's North Unit Canal. The
Deschutes River defines the western boundary. The southern
boundary is defined by Mount Washington Drive from the
Deschutes River eastward to US 97, Butler Market Road from US
97 eastward to the North Unit Canal, the North Unit Canal
eastward to the City Urban Growth Boundary (UGB)/Deschutes
Market Road. The eastern boundary is defined by the City's
eastern UGB. The northern boundary is defined by the
northern UGB.
ARTICLE 2: PURPOSE
The purposes for which BANA is organized are:
(a) To provide an open process by which all members of the
Neighborhood may involve themselves in the affairs of the
Neighborhood.
(b) To maintain an open line of communication and liaison among
the Neighborhood, the City of Bend, Deschutes County and other
State and Federal Agencies, other participating agencies, and
other neighborhoods.
(c) To maintain, protect and enhance the sense of community of
the Neighborhood, without suppressing the rights of individuals
to express and promote divergent or contrary views.
(d) To facilitate the exchange of information among
Neighborhood citizens.
(e) To be organized for educational, social and charitable
purposes.
(f) Nothing in these bylaws shall preclude this association
from forming as a non-profit organization.
ARTICLE 3: MEMBERSHIP
Section 1: Membership is open to any person, 18 years of
age or older, who has resided in the neighborhood for at least
30 days. Any person or legal entity owning real property,
leasing or renting real property, operating a business, or
non-profit organization, within the boundaries of BANA, shall
be accepted as a member of BANA. Business members shall
designate, in writing, a single designated representative with
one vote.
Section 2: To be a member, a person must meet the
qualifications of Section 1 and have submitted a membership
application. Membership is effective after a fourteen (14)
day waiting period. Each member shall have one vote.
ARTICLE 4: DUES
Charging of dues or membership fees shall be prohibited, but
voluntary contributions and fundraising activities are
encouraged.
ARTICLE 5: MEETINGS
Section 1: There shall be at least two general
membership meetings yearly. The meetings shall be convened
in the fall and spring and upon any day decided by majority
vote of the Board. Notification shall be by posted or
published notices, E-mail, telephone or other reasonable
methods apt to reach a majority of the members. Reasonable
public notice will be made fourteen (14) days in advance of any
general meeting.
Section 2: A special meeting may be called by the Chair,
and/or majority vote of the Board. Notification shall be
by the methods listed in Section 1 and be made at least seven
(7) days prior to the meeting
Section 3: Working with the Board, the Chair shall
prepare the agenda for general and special meetings of the
membership. Any member may add an item to the agenda by
submitting the item in writing (by letter, email or fax) to the
Board at least seven (7) days in advance of the meeting and
gaining approval of the majority of the Board, or by making a
motion at the meeting. Adoption of a motion to add an
agenda item requires a second and a majority vote of the
members present.
Section 4: A quorum for any general or special meeting
shall be a minimum of eleven (11) members in
attendance. Unless otherwise specified in these bylaws,
decisions shall be made by a majority vote of the members
present.
Section 5: Any general, special, or committee meeting is
open to any person; only members are eligible to vote. Any
Board meeting is open to any person; only the Board members are
eligible to vote. All actions or recommendations,
including minority reports, of the general or special meetings
shall be recorded in the minutes and communicated to all
affected parties.
Section 6: Robert's Rules of Order (Revised) shall be
followed in all areas not covered by these bylaws.
ARTICLE 6: BOARD OF DIRECTORS AND OFFICERS
Section 1: The Board shall consist of a Chair, Vice
Chair, and three (3) additional Board members for a total
of five (5) members. The board may also acknowledge an
alternate board member. The Board may propose a change in
the total number of its members with a maximum of seven (7),
and a minimum of five (5) Board members. Enactment
requires a majority vote of the members present at a general
membership meeting.
Section 2: Terms of office are for one year. Board
members and officers will be elected in the annual fall general
meeting.
Section 3: Only members shall be eligible to hold
elected or appointed positions.
Section 4: The Board may fill any vacancy on the Board
or committee by majority vote of the Board. A member
appointed to fill a vacancy shall serve the remainder of the
unexpired term and until his or her successor is elected
or appointed. A vacancy may arise by resignation of a
Board member or at the discretion of the Board.
Section 5: Removal of a Board member shall occur because
of lack of significant participation or for failure to meet the
requirements of the office or may be initiated by a petition
signed by 20% of the BANA members. Removal shall be
considered only at a special meeting of the membership called
for the purpose of voting on the petition. The meeting
notice shall state that the purpose of the meeting is to
consider removal of the board member. A majority vote of
those members attending shall be required to remove a board
member.
Section 6: Names of candidates for the Board, shall
be placed in nomination by a nominating committee or by any
member of the neighborhood association. Election requires a
majority vote of the members present.
Section 7: The Board shall have following
responsibilities and powers:
a. Manage the daily affairs of the neighborhood association.
b. Make decisions and represent the interests of the
neighborhood association on all matters for which it is
impractical to present to the membership in advance. All
such actions shall be reported to the membership at the next
regular meeting.
c. Appoint committees to perform necessary functions and
represent the neighborhood association on specified topics.
d. Establish a plan for maintaining and encouraging involvement
in the neighborhood association.
Section 8 : The Board Officers shall have the following
duties:
a. The Chair shall preside at all
board meetings and all membership meetings and shall perform
such duties as the Board and the membership authorize from time
to time. The Chair shall represent the position of the
Board and the interests of the neighborhood
association. Only the Chair of the board shall speak for
BANA, unless the Chair designates other board members,
officers, or committees to speak for BANA in particular
instances or on particular issues for one time only or at the
further direction of the board.
b. The Vice Chair shall perform
the duties of the Chair in the Chair's absence and as
authorized by the bylaws or regulations of the Board. The Vice
Chair will also be responsible for membership applications and
shall maintain and update the membership list.
c. The Secretary- Treasurer shall record and maintain minutes
of Membership and Board meetings, assist the Chair with
correspondence and maintain all financial and
non-financial files of the neighborhood association. The
Secretary will maintain a list of Board members and committee
members and their terms.
Section 9: Regular board meetings are held once a month
if necessary and are presided over by the Chair. Special
Board meetings may be called by the Chair by giving notice to
each Board member of the time, place, and items to be discussed
or acted upon at least three (3) calendar days before
the special meeting. A special meeting shall not be called
unless insufficient time is available to consider a pertinent
matter at the regular Board meeting. A quorum consists of
a majority of the currently elected Board members. The
Board shall be notified not less than three (3) days preceding
any board meetings; notification shall be by mail, email or
telephone to all board members and any media apt to reach a
majority of the membership.
ARTICLE 7: COMMITTEES:
The Board may appoint standing committees and ad-hoc
committees. Committees shall make recommendations to the
Board for Board action. Committees shall not have the
power to act or speak on behalf of the organization without
specific authorization from the Board.
ARTICLE 8: CONFLICT OF INTEREST
Section 1: A conflict of interest exists whenever the
Board member holds a personal financial interest which will be
impacted by an action or inaction by the association on a
proposal before the membership or the Board. Also included
are present or planned financial transactions between the Board
member and the association, or between the Board member and any
property owner whose property's use control is being reviewed
by the association.
Section 2: Whenever a Board member determines that he or
she has a conflict of interest relating to an item under
discussion, the Board member must announce to the meeting that
a conflict of interest exists.
Section 3: A transaction in which a Board member may
have a direct or indirect conflict of interest may be approved
by a vote of the Board if in advance of the vote by the Board
all material facts of the transaction and the Board member's
interest are disclosed to the Board. A conflict of
interest transaction is considered ratified if it receives the
affirmative vote of the majority of the Board members who have
no direct or indirect interest in the transaction. A
transaction may not be authorized by a single Board
member. If a majority of the Board members who have no
direct or indirect interest in the transaction votes to
authorize, approve or ratify a transaction, a quorum must be
present for the purpose of taking action. The presence of,
or vote cast by a Board Member with a direct or indirect
interest in the transaction does not affect the validity of the
action taken by the Board. The Board member with the
direct or indirect conflict of interest may elect to abstain
from voting on the transaction.
ARTICLE 9: GRIEVANCE PROCEDURES
Section 1: Any person or group who objects to a decision
or policy or believes they are adversely affected by a decision
or policy of the neighborhood association may file a complaint
in writing with the Board. The complaining party shall be
known as the "petitioner".
Section 2: Within seven (7) days of receipt of the
complaint, the Board shall arrange with the petitioner for a
mutually acceptable time and place for a review of the
complaint, and will, in writing, within thirty (30) days,
recommend a resolution of the grievance.
Section 3: If the board and petitioner cannot reach
agreement, attempt shall be made to resolve the complaint
through mediation with the Community Dispute Resolution
Program. If mediation fails to reach agreement, final
resolution of the complaint shall be by majority vote of the
membership at a general or special meeting.
ARTICLE 10: INDEMNIFICATION
The association shall indemnify a Board member or officer who
may be a party to a proceeding as a result of the individual
being or having been a Board member or officer through the city
provided liability insurance to the fullest extent provided by
the laws of the State of Oregon now in effect or later amended.
ARTICLE 11: CONSIDERATION OF PROPOSALS
Section 1: Any person or group, inside or outside the
boundaries of the neighborhood association may propose in
writing items for consideration and/or recommendation to the
Board. The Board shall decide whether proposed items will
be heard and if so, which meeting is most appropriate for the
item to be heard.
Section 2: The proposer and members directly affected by
such proposal shall be notified in writing of the time and
place the proposal shall be reviewed not less than seven (7)
days in advance.
Section 3: The proposer and any other persons may attend
this meeting to make presentations, answer questions, and offer
comments on the proposal.
Section 4: The association shall submit recommendations
and dissenting views of the relevant meetings to the proponent,
other affected parties, and the City of Bend.
ARTICLE 12: PUBLIC MEETINGS/PUBLIC RECORDS REQUIREMENT:
The neighborhood association shall abide by all Oregon statutes
relative to public meetings and public records. Official
action(s) taken by the association must be on record as part of
the minutes of each meeting. The minutes shall include a
record of attendance and the results of any vote(s)
taken. A summary of dissenting views should be transmitted
along with any recommendations to the City of Bend.
ARTICLE 13: NONDISCRIMINATION:
The neighborhood association shall not discriminate against
individuals or groups on the basis of race, religion, color,
gender, sexual orientation, familial status, age, disability,
national origin, income, or political affiliation in any of its
policies, recommendations or actions.
ARTICLE 14: ADOPTION AND AMENDMENT OF BYLAWS:
Adoption of these bylaws shall require a two-thirds (2/3) vote
of an association organizing committee acting under the
auspices of the Office of Neighborhood Associations.
All amendments to these bylaws must be proposed in writing and
submitted to members along with notification fourteen (14) days
in advance for the general or special meeting to consider and
vote on their adoption. Adoption of any amendments to
these bylaws shall require a two-thirds (2/3) vote of the
members present at this meeting.
Confirmed: 10//??/2008
TABLE OF ARTICLES
1. NAMES AND BOUNDARIES
2. PURPOSE
3. MEMBERSHIP
4. DUES
5. MEETINGS
6. BOARD OF DIRECTORS AND OFFICERS
7. COMMITTEES
8. CONFLICT OF INTEREST
9. GRIEVANCE PROCEDURES
10. INDEMNIFICATION
11. CONSIDERATION OF PROPOSALS
12. PUBLIC MEETINGS/PUBLIC REORDS REQUIREMENT
13. NONDISCRIMINATION
14 ADOPTION AND AMENDMENT OF BYLAWS
