Full Text
October 2019 1 ACPAC Bylaws Mission Statement The ACPAC is committed to improving the relationship between the residents of the City of Albany and the Albany Police Department by ensuring the philosophy of Community Policing is the basis of all policy and procedure of the APD. The committee will facilitate communication between the community, APD and the Common Council. Goals - Support the Community Policing Model of Law Enforcement within the APD - Educate the public about the Community Policing Model, how it effects policy and procedure within the APD and citizen participation in community policing. - Provide a Forum for discussions of any issues or topics that relate to practices or procedures of the APD or its members. - Ensure the Common Council and appointing authorities are informed about the concerns of the community about APD policy, procedures and public safety issues. Advisory Committee Article I Section 1: Number, Appointing Authority ACPAC shall consist of (25) Members as follows: -One appointed by the Mayor - One appointed by each member of the Albany Common Council - One appointed by the President of the Albany Common Council - Four At-Large members - The Chief of the Albany Police Department and three additional members appointed by the Chief Section 2: At- Large Members It will be the responsibility of ACPAC to appoint at-large members. ---PAGE BREAK--- October 2019 2 When a vacancy becomes available, ACPAC will reach out to the community to request applications to fill the at-large vacancy. A deadline of one month will be set for all applications to be received. Applicants will be required to provide the committee with a letter detailing previous community involvement current community involvement their reason for requesting appointment and how they feel they can be an asset to the committee. Applicant’s letter and contact information will be kept confidential. The Membership Sub-Committee members will review all applicants’ letters and provide copies to all members of ACPAC. During the closed, in-person interview of each applicant, Membership sub-committee members will have the opportunity to ask applicants questions, pertaining their prior community involvement and their reasons for wishing to serving on ACPAC. Once all applicants are interviewed, the Membership Sub-Committee members will recommend three candidates, to bring in front of ACPAC as a whole. Final selection will be by a majority vote of member’s present. Section 3: Committee Member Responsibilities By accepting appointment to ACPAC, each member agrees to the following conditions: To attend all regularly scheduled meetings. In the event of an absence, the member will notify the Chair or Vice Chair no less than 24 hours prior to the meeting unless an emergency has occurred; To actively participate in all discussions and activities. Member will also actively participate in all ACPAC activities. Members will be expected to serve on at least one subcommittee or assume an ACPAC functional responsibility assigned or delegated by the Chair. Member reports on status of their Ward and connects with Neighborhood Associations; To act as an active ACPAC representative in their neighborhood; To learn the functions and responsibilities of the APD, ACPAC and community policing. Represent stakeholder groups, the constituents in the Albany Ward from which they are appointed, or the community as a whole in providing input which reflects the concerns, visions and ideas of the community; Represent their appointing authority and communicate on matters of community concerns and ACPAC activities especially those that may require Council attention. Participate in ACPAC activities and functions; and Assist in every reasonable way possible in promoting the interests and activities of ACPAC, its members and the community at large which the Committee serves; Not use their position with ACPAC in order to obtain preferential treatment, either from other community members or from law enforcement officers; ---PAGE BREAK--- October 2019 3 Not divulge information related to them in confidence during ACPAC meetings Section 4: Vacancy and Removals Committee members will serve during the tenure of the appointing authority and will be eligible for reappointment by the appointing authority. A vacancy on ACPAC will exist whenever a member dies, resigns, or is removed. Any vacancy shall be filled by the entity that appointed the member. A vacancy shall be filled no later than sixty (60) days from the date that such vacancy occurs. Members who no longer wish to participate with the committee must provide a letter of resignation to the appointing authority and the chair within a reasonable amount of time. A member may be for removed for cause, by a majority vote of the ACPAC, when a quorum is present, as defined in section 2 on page 8. Three unexcused absences by a member from scheduled meetings within a calendar year will constitute grounds for removal. Failure to Participate Clause: Failure to adhere to the Responsibilities of Members (Section 3) will constitute cause for removal. Removal procedure: The Chair will submit a recommendation for removal detailing the reason for removal to ACPAC and the appointing authority at a meeting prior to the meeting when the actual vote is taken. Removal will occur upon a majority vote to remove. Notification will then be made by the Chair to the appointing authority requesting another appointment. Members serve at the pleasure of the appointing authority. Section 5: Compensation ACPAC members shall serve without compensation. Section 6: Functions and Duties of ACPAC It shall be the function and duty of ACPAC, for and on behalf of the City of Albany, its residents, elected officials and officers to: Assist in setting city-wide priorities for the full implementation of community policing through a review of community policing strategies, materials and training; Evaluate the effectiveness of community policing strategies and make recommendations for improvement; Serve as a communication link to the community and bring feedback from the community to the Albany Police Department; ---PAGE BREAK--- October 2019 4 Serve as advisors to the Chief of Police and top command staff on community policing strategies, planned or implemented; Assist in educating and informing the public about community policing, its current progress and its directions; Assist in educating and informing the public about community issues; Serve as an active advocate for community policing philosophy; Help host and actively participate in community policing public meetings, including Neighborhood Association meetings and at least four public meetings/public forums annually; Respect all members of the community and be mindful of tone and comments to members of the community. Section 7: Authority ACPAC shall have no authority or responsibility to inquire into or investigate personnel actions or practices subject to review by the Albany Citizens’ Police Review Board or any other duly constituted regulatory or oversight body. ARTICLE II– OFFICERS Section 1: Officer Elections and Term Commencement Committee members elect the chair and vice-chair at a meeting on the third Tuesday of the month of August of the given year when a quorum is present. Officers will be elected to terms beginning on the third Tuesday of the month of October of the given year. The officers will be elected by affirmative vote of a majority of members present. Section 2: Chairperson ACPAC will appoint a member to serve as the Chairperson for a term of one year. Employees of the Albany Police Department, other city agency, or elected official shall not be appointed Chairperson of ACPAC. The Chairperson shall preside at all meetings of ACPAC and is an ex officio member of all standing Subcommittees. The Chairperson is accountable to ACPAC as a whole in setting policy and shall also perform such duties as may be assigned by ACPAC. The Chairperson, or chairperson’s appointed representative, serves as the liaison to the Albany Police Department, Albany Common Council, the Mayor of the City of Albany, media and other City departments as necessary, and as approved by ACPAC. The Chairperson is responsible for ensuring all members are properly educated as to the functions and responsibilities of ACPAC and community policing as a whole. The Chairperson, or the Chairperson’s designee, shall issue an annual written report of ACPAC activities and evaluate programs, policies, and services related to community policing in the City of Albany. Section 3: Vice-Chairperson ---PAGE BREAK--- October 2019 5 ACPAC will elect a member to serve as the Vice-Chairperson for a term of one year. The Vice Chairperson shall perform the duties and responsibilities that may be delegated by the Chairperson, and the assignments traditionally assigned to that office. In the absence or disability of the Chairperson, the Vice-Chairperson will serve as Chairperson and shall perform the duties as described in Article V Section 2. Section 4: Secretary An individual designated by the Chairperson shall serve as Secretary for a term of one year. The Secretary will prepare a record of every regular and special ACPAC meeting and shall be approved by ACPAC. The minutes shall be taken by the Secretary or an individual designated by the Chairperson in the absence of the Secretary. Minutes must include the following: time meeting was called to order, members present, members excused, members absent, guests, content discussed and by whom; and time meeting was adjourned. The members attendance record will reflect absences and tardiness (arrival after the fifteen (15) minute scheduled start time) and indicate whether the absence or tardiness was excused or unexcused. Section 5: Special Election of Officers In the event that an officer is removed from the committee in accordance to Article IV Section 4, a special election will take place to fill the vacancy. The vacancy will be filled by an affirmative vote of a majority of members present. An election to fill a vacancy shall be for the unexpired term only, notwithstanding the expiration of the term of the appointing elected official. ARTICLE III - MEETINGS Section 1: Meeting Structure Business Meetings: General meetings to address items on the agenda. Items that members wish to see on the agenda must be submitted no later than one week prior to the meeting. The agenda will be reviewed at the beginning of the meeting for possible revisions. Material to be reviewed at the meeting will be emailed at least 48 hours before the scheduled meeting and additional copies for review available at the business meeting. These meetings are open to the public after the executive session is complete. Public Meetings: The purpose of public meetings is to showcase the transparency of the work of ACPAC. These meetings will be held in various accessible sites around the City and announced on the APD website and/or ACPAC Facebook page at least two weeks in advance. These meetings are open to the general public and will be used to carry out usual ACPAC business. At the end of a public ---PAGE BREAK--- October 2019 6 meeting, residents and guests will be offered an opportunity to comment on items from that evening’s agenda. Community Forums: The purpose of the community forum is to provide the general public greater access to public safety information and an opportunity to meet and speak with Albany Police Department (APD), including but not limited to, command officers and members of the Neighborhood Engagement Unit (NEU). These forums are held in community sites around the city and allow for questions, concerns, and comments from the general public in a safe setting. Section 2: Notice of Quorum All matters requiring a vote will require a minimum of eight voting members. A quorum is then reached by the majority vote. In the event that a quorum is not established within fifteen (15) minutes of the noticed start time of the meeting, the Chairperson, in his/her discretion, may cancel the meeting. Discussion of the items noted on the agenda may continue. The secretary or a designee of the Chairperson will prepare a record of the discussion and the record will reflect whether or not the meeting was canceled due to a lack of a quorum. Section 3: Rules, Regulations and Procedures Rules, regulations and procedures for the conduct of ACPAC business shall be established by consensus of the members present, with a quorum needed to adopt any motion or resolution. ACPAC must record in the minutes of any rules, regulations and procedures adopted by ACPAC Section 4: Public Input All interested persons shall be allowed to express their views (oral or written) at regular ACPAC or standing Committee meetings regarding matters within the jurisdiction of ACPAC and at special ACPAC or standing Committee meetings on matters that are on the agenda. However, only ACPAC members may be present during the Executive Session portion of meetings set aside to discuss confidential information provided by the Police Department to the Committee. ARTICLE IV– COMMITTEES Section 1: Committees It is the policy of the ACPAC to appoint each ACPAC members to perform specific tasks or functions. ACPAC may form standing and ad hoc committees, as deemed necessary to carry out the responsibilities of ACPAC. With respect to standing committees that are formed, committees must appoint one committee member as the chair for a period of one year, unless otherwise specified. In the event that the committee is unable to appoint a chair, the ACPAC chairperson shall appoint the committee chair. Individuals appointed to ad hoc committees shall serve for the period specified. With respect to ad hoc committees, the chairperson shall appoint ACPAC members to serve as committee chairperson(s). All committees must consist of at least three members. ---PAGE BREAK--- October 2019 7 Section 2: Standing Committee Meetings Standing Committees shall meet at the call of their chairs. Subsection 1: Public Outreach and Community Healing Committee The Public Outreach and Community Healing committee will maintain regular contact and coordination of activities with community civic, social and religious organizations in the city. The purpose is to address community concerns related to the APD and provide a community forum to both bring those concerns to the APD and allow for discussion with the APD. This committee will be responsible for implementing both the scheduled and special community forums throughout the year. This will include; topic, speakers, location and community notifications. Subsection 2: Evaluation Committee This committee will coordinate activities with the Albany Police Department to review and analyze the implementation process of Community Policing by identifying goals, processes, and outcomes which seek to reduce crime rates and citizen fear of crime, while improving community satisfaction with police services and the quality of life of residents of the City of Albany. The committee is tasked to review reports of APD implementation and activities on an ongoing basis and report their findings to the full committee. Subsection 3: Membership Committee This committee will coordinate all aspects of appointment of at-large members including, but not limited to initiating the call for members, reviewing applications and conducting in person interviews. Membership committee must consist of at least one member of the Albany Police Department. It is to ensure that members acquire a complete knowledge of the principles of community policing and how it pertains to providing law enforcement in the city. Subsection 4: By-Law Review and Governance Committee This committee will ensure that the ACPAC fulfills its ethical and functional responsibilities through adequate governance policy development, training programs, monitoring of committee activities, and evaluation of committee members' performance Subsection 5: Technology Committee Review technology proposals and procedures of the APD to ensure they comply with the principles of community policing. Develop and maintain technology, including but not limited to; social media, web pages, email and digital records, utilized by ACPAC. Provide necessary training to members in the use of technology utilized by ACPAC. Subsection 6: Executive Committee This committee will consist of the elected officers, secretary and the chair of each committee. As events in the community, and issues, arise that require more timely responses than is possible for ACPAC to meet, discuss and address, it is the responsibility of the Executive Committee to make the necessary decisions and report to the ACPAC. ---PAGE BREAK--- October 2019 8 Duties also include assisting and advising the Chair on matters of policy, procedure and ACPAC functions. The Executive Committee will also meet with the Chief on a regular basis in an advisory capacity Section 7: Committee and Subcommittee Quorum A majority of the members of a Committee and Ad Hoc constitutes a quorum. Section 8: Rules, Regulations and Procedure: This Committee and the Ad Hoc Committee must transmit to ACPAC any rules, procedures, and proposals adopted by the either of these committees for consideration and action by ACPAC. ARTICLE VI - AGENDA REQUIREMENTS Section 1: Agenda Preparation The agenda is prepared through the joint effort of the Chairperson, or designee. The agenda shall contain a meaningful description of each item to be transacted or discussed at ACPAC or committee meeting so as to alert a person whose interests may be affected by the item that he or she may have reason to attend the meeting or seek more information about the item ARTICLE VII - VOTING Section 1: Voting, Abstention and Recusal Each member shall participate on all matters, unless the member recuses himself or herself because he or she may have a conflict of interest regarding the item. Section 2: Voting by Proxy Voting by proxy is prohibited. ARTICLE VII - PARLIAMENTARY PROCEDURE Section 1: Rules The business of ACPAC and its standing Subcommittees shall be conducted, to the extent possible, in accordance with parliamentary rules as contained in Robert's Rules of Order (Newly Revised), except as modified by these rules. Section 2: Motions If any ACPAC member shall demand a second to any motion, such motion shall not be debated, or further discussed or considered until after a second to such motion is made by an ACPAC member. ARTICLE VIII - REPRESENTATION OF ACPAC Section 1: Representation of ACPAC The Chairperson, or ACPAC’s appointed representative, is the official representative of ACPAC. The Chairperson, or ACPAC’s appointed representative, is the individual authorized to speak in an official capacity on behalf of ACPAC to all entities including, but not limited to, Common Council, the media, the public ---PAGE BREAK--- October 2019 9 and at all hearings and public forums. All communications with ACPAC shall be conducted through the Chairperson or ACPAC’s appointed representative. The chairperson shall inform all members within a reasonable time of any public appearance on behalf of ACPAC. The chairperson will make every attempt to inform members before speaking in front of any governing body and before making scheduled media appearances. Whenever ACPAC learns that a view, position or opinion of ACPAC as a whole has been misinterpreted or misrepresented in the media, at a hearing, or in a public forum, ACPAC, through the Chairperson, Executive Committee or ACPAC’s appointed representative, shall make every reasonable effort to clarify ACPAC's true position as soon as practicable. Whenever an ACPAC member communicates with the news media or others, or appears at a public hearing or before another City Agency or Department to discuss existing or proposed legislation or policy, ACPAC member shall make every reasonable effort to specify whether ACPAC member is expressing a personal opinion, view or position or an opinion, view or position of ACPAC as a whole. ARTICLE IX - BYLAW AMENDMENTS These bylaws shall be reviewed annually or as necessary. ACPAC may adopt bylaw amendments at any regular meeting of ACPAC provided such proposed amendments are circulated in writing to all ACPAC members at least ten (10) days prior to such meeting, and ten (10) days’ public notice shall be posted. ACPAC shall transmit the newly approved bylaws or amendments to the Common Council and Mayor’s Office within seven calendar days of adoption. The bylaw amendments become effective thirty (30) days after the date of adoption by ACPAC.