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BYLAWS OF THE MILLCREEK COMMUNITY COUNCIL Presented and approved 5 November 2024 Article I. NAME The name of this organization shall be the Millcreek Community Council. Article II. BOUNDARIES TheMillcreekAreaCouncilboundariesshallbedefinedasthoseboundaries shone on maps and written descriptionsfiledwiththecountyplanningdivision.Such maps and descriptions are made by referencing part of this section as if fully described herein. The Millcreek Area, abbreviated boundary description, extends south from the Salt Lake City and South Salt Lake City limits to the Murray Holladay Road and the Murray City Limits and east from the Jordan River to Highland Drive. Article III. AUTHORITY TheCouncilshalloperateasavolunteercitizenorganizationundertheauthorityof Chapter 2.56 of the city of Millcreek Code of Ordinances. Article IV. PURPOSE Section A. The purpose of the Council is to formulate and present recommendations to the Millcreek Planning Commission and other county agencies or city departments concerning actions that affect the property and residents within the Council District and to take any other actions that will be for the benefit and welfare of the residents and property within the Council District. SectionB. Officerswillhavegeneralauthoritytomakestatements,act,ormake inquiries only within the officially defined capacity of their office or by Council resolution. ---PAGE BREAK--- Section C. When speaking as members of the Community Council, members should only convey as official those positions adopted by the resolution of the Council. Any member making inquiries or expressing opinions or observations outside of council meetings, and under circumstances in which others would reasonably infer that the members are acting in their official capacity, should make it explicitly known that they are speaking as a private citizen and that the Council does not officially endorse their statements. Section These guidelines shall apply to all public areas, including but not limited to, public/private meetings, written or electronic correspondence, and/or media. Article V. MEMBERSHIP SectionA. Eligibility. AnyresidentwithintheDistricthavingreachedtheageof18 may be elected or appointed a member of the Council. Section B. Number and Term. The Council shall consist of nine to thirteen members. The terms of the Council members shall be four years beginning January following the election.The Council may function withas few as five members in the event of vacancies (see Article V. Section SectionC. StaggeringTerms. Councilmembers’termsshallbestaggeredsothat approximately 50 % of the council will be elected every two years. SectionD.Compensation. Councilmembersshallservewithoutcompensation. However,expensesincurredbyCouncilmembersincarryingoutCouncilbusinessshall bepaidtoorreimbursedtoCouncilmembersaslongassuchexpensewasapproved during a meeting of the Council before the expense was incurred. SectionE. Vacancies. TheCouncilmayfillanyvacancyontheCouncilby appointingareplacementfortheunexpiredtermofthevacantposition. Allvacancies mustbepublicizedatleast30daysbeforeavacancyisfilled.Tobenominatedtofilla vacancy on the Council, candidate must either be present at Council meeting requesting nomination or must have submitted letter to the Council indicating willingness to serve on the Council. ---PAGE BREAK--- SectionF. RemovalorVotingPrivilegeSuspension. AnyCouncilmembermaybe removed fromtheCouncilorhavevotingprivilegessuspendedforuptotwomonths. Suchactionwillbebyatwo-thirdsvoteoftheCouncilmemberspresentatanyregular meetingwheretheremovalproceedingisincludedontheagenda. ACouncilmember may be removed or suspended for failure to attend meetings, to carry out the responsibilities and dutiesofmembershipontheCouncil,toadheretoBylaws,orfor malfeasance. Such action shall be initiated by written resolution setting forth the groundsforremovalmadeandsecondedataregularmeeting,butthevoteforremoval or suspension shall not be called for until thefollowingregularmeetingatwhichthe accusedhastheopportunitytoaddressthecouncil. Thesecretaryshallmailacopyof theresolutiontotheaffectedmemberatleasttendaysbeforethemeetingatwhichthe resolutionistobevotedupon. Beforevotingontheresolution,theCouncilshallreceive anyrelevantevidencerelatingtotheallegationsintheresolution.Amajorityofsitting members must vote to suspend or remove any council member. Article VI. ELECTIONS SectionA. Procedure. Theelectionofcouncilmembersshallbedonebysecret ballot. Elections shall be held only on the first Tuesday after the first Monday of Novemberineacheven-numberedyear. Thenomineesreceivingthegreatestnumber of votes for available Council positionsshallbeconsideredaselectedandwillbegin their term on the following Jan 1. All candidates must be registered voters. SectionB. NoticeofElection. Noticeofelectionsshallbepublishedatleast30 days before the date of the election. Noticemaybepostedinpublicfacilitiesinthe communitycouncilarea. Noticesshallincludethedate,times,andpollingplaceforthe community council election. SectionC. Electorate. Theelectorateshallcompriseanyresidentwithinthe District who is 18 or older and a registered voter. SectionD. Atleast60daysbeforeanelection,thecommunitycouncilshall designateonecouncilmemberordesigneenotstandingforre-electiontoserveasthe election officerfortheyearacommunitycouncilelectionisconducted. Thatelection officermaysolicittheassistanceofcouncilmembersorotherpersonsnotstandingfor re-election to serve as assistants. Council members will be notified by the election officer at least 30 days before the candidacy declaration deadline of the election candidacydeadlineandsolicitcouncilassistancetopublicizetheopportunitytodeclare candidacy. ---PAGE BREAK--- Section The community council shall prepare sufficient ballots listing candidatesforthecommunitycounciloffice. Candidatesshallbelistedinalphabetical orderbylastname,andtheballotshallcontainonlythenamesofthecandidates. No titles or indication of incumbency shall appearontheballot. Write-incandidatesare permitted. SectionF. Thecommunitycouncilshallputinplaceandenforceappropriate regulationstoensurethesecrecyandsecurityofthevotingprocess,includingproviding forasecretvote,secureballotboxes,andasecureandorderlyvotetabulationprocess supervised by the election officer. No proxy voting shall be permitted. SectionG. Withinsevendaysafteranelection,theelectionofficershallprepare anofficialwrittendeclarationofelectionresults,includingthetotalvotescastforeach candidate,andshallcausethedeclarationtobefiledwiththeCouncilSecretary. Alist ofallcouncilmembersholdingofficeasofJanuary1stshallbeprovidedtothecityno later than December 15th of the previous year. Section The Council may hold its election by mailing ballots to registered votersintheCommunityCouncilDistrictprovidedadequatesafeguardsareemployedto ensure that ballots are mailed to all registered voters within the Community Council district and procedures are utilized to ensure a secret ballot when votes are tabulated. SectionI. Intheeventofachallengewithinsevendaysofelectionresultsbeing posted by resident of the council area regarding any aspect of the election, the challengeshallbedeterminedbyamajorityvoteofthosemembersoftheCommunity Council who are not then standing for election. Article VII. OFFICERS SectionA. Officers. TheofficersoftheCouncilshallconsistofachair,twovice chair(s), secretary, and treasurer. No council member may holdmorethanone office at a time. SectionB. ElectionofOfficers. OfficersshallbeelectedbytheCouncilmembers attheDecembermeetingoftheCouncilandshallserveforone(1)year,beginningtheir term on the following Jan Any Council member may place his or her name in nomination for any office or may nominate any other member of the Council for an office. Thenomineesreceivingthegreatestnumberofvotesforeachofficeshallbe ---PAGE BREAK--- consideredelected.Thoseplacedinnominationforanofficemustattendthemeetingor havewrittenalettertotheCouncilindicatingawillingnesstoserveintheoffice. Office vacancies shall be filled similarly at any regular meeting following the vacancy. SectionC. Term.TheofficersoftheCouncilshallserveforatermofone(1)year andshallconsistofthechair,vicechair(s),secretary,andtreasurer.Theofficersshallbe elected by their fellow members at the annual meeting held inDecember. Anyduly elected or appointed member of the Council may nominate her/himself or another memberforanyexecutiveoffice. Thenomineereceivingthegreatestnumberofvotes for each office shall beinstalledunlesss/hewithdrawsbeforeinstallation. Noofficer shall serve more than two(2) consecutive termsinthesameoffice. Thoseplacedin nomination must be inattendance. Theremustbeaquorumpresenttoconductthis election. SectionD. Removal. Removalofanofficershallfollowtheprocedureprovided inArticleV.SectionF.forremovalofaCouncilmember,exceptthatremovalfromoffice shallnotmeanremovalfromtheCouncil. Ifanofficerisremovedasprovidedinthis Section,aseparateremovalprocedureshallbeinitiatedifremovalfromtheCouncilis also desired. SectionE. DutiesofChair.Thechairshallpresideatallcouncilmeetings,call special meetings when needed, and give report of the Council's activities for the previous year at the annual meetings. The chair shall create the meeting agendaandsendittotheMillcreekCityDirectorofCommunicationsbeforethemeeting so it may be posted on the Community Council webpage. Section F. Duties of Vice-Chair(s). In the absence of the chair, or in the event of his or her inability or refusal to act, a Vice-Chair shall preside over Council meetings and shall perform such other duties as may be assigned by the chair or by the Council itself. As assigned by the Council or the Chair, the Vice-chair(s) shall represent the Chair at meetings, performing specific duties of the Chair, and when so acting, shall have the powers and be subject to all the restrictions upon the Chair. Section G. Duties of Secretary. 1.Heorsheshallkeepcompleteandaccurateminutesofalltheproceedingsusingthe template below in any meeting of the Council. 2.Heorsheshallmakeadraftoftheminutesavailableforcouncilreviewwithinfive business days. 3.UpontheCouncil’sapprovalofthedraftminutes,Heorsheshallsubmittheapproved minutestotheMillcreekCityDirectorofCommunicationswithinthreedayssoitmaybe posted on the Community Council webpage. ---PAGE BREAK--- The secretary will chair the communications committee, whose responsibilities include: UpontheCouncil’sapprovaloftheminutes,thesecretaryshallsendthedraft minutestotheMillcreekCityDirectorofCommunicationswithinthreedaystobe posted on the Community Council webpage. SectionH. DutiesofTreasurer. Thetreasurershallcollect,deposit,andkeepan accuraterecordofallmoneyduetotheCouncilandallmoneydisbursedbytheCouncil. Heorsheshallmakeawrittenfinancialreportaspartofthechair'sannualreportand present it at the November meeting. SectionI. SigningofDocuments. Allchecksandotherinstrumentsexecutedby theCouncilshallbesignedbythetreasurerandoneotherofficerorbythetreasurer upontheapprovaloftheCouncil. Thetreasurershallkeeptheaccountingofallmoney and open to public inspection at any reasonable time upon prior request. Section Budget. TheCouncilshallapproveanannualbudgetunderthe directionofthechairattheJanuarymeeting. Thetreasurerandchairshallperiodically giveabudgetreporttotheCouncil. AtnotimeshalltheCouncilrunadeficitbudgetor borrow money to pay its obligations. Article VIII. MEETINGS OF COUNCIL SectionA. RegularMeetings. RegularmeetingsoftheCouncilshallbeheldon thefirstTuesdayofeachmonthoratsuchothertimeastheCouncilshalldesignate. At anyregularmeeting,theCouncilmaychangethetimeandplaceofthenextfollowing regularmeeting. Oralorwrittennoticeofanychangeintheregularmeetingschedule shall be given to each member of the Council at least ten days before the next scheduled regular meeting. SectionB. SpecialMeetings. Specialmeetingsmaybecalledbythechairora majority of the other members of the Council whenever such meeting is deemed necessaryordesirable. Noticeofanyspecialmeetingshallbegiventoeachmemberof the Council at least three business days in advance of the meeting. ---PAGE BREAK--- When formal action on an issue is required before the next regular meeting, and a special meeting isn't practical, the chair, or a majority of the other members of the Council, may request a vote via other means. Reasonable effort must be made to receive a response from each Council member. A majority vote of all current Council members is necessary. The vote and the method used to collect the vote shall be entered into the minutes of the next regular meeting, publicly noted, and ratified. SectionC. Agenda. Awrittenagendashallbepreparedforallmeetingsofthe Council. CopiesoftheagendashallbegiventoeachmemberoftheCouncilbeforethe meeting.Thepreviousmeetingminutesshallbeprovidedtothecouncil48hoursbefore the next meeting, to be approved through email or at the next meeting. SectionD. MeetingsOpentothePublic. AllmeetingsoftheCouncilshallbe open to the public. Section majority of the Councilmembersshallconstituteaquorum. Alessernumbermay adjourn occasionally without notice other than an announcement at the meeting. Memberscanattendelectronicallyorinperson. Ifaquorumisnotreached,itshallbe reflected in the Council meeting minutes. SectionF. Voting. AllmembersoftheCouncilmayvoteonanyissuebeforethe Council. Unlessotherwiseprovidedinthesebylaws,amajorityvoteofthequorumis necessary to decide any matter before the Council. quorum shall consist of the elected, attending Council Members of a regularly scheduled council meeting. SectionG. ConductofMeetings. Allmeetingsshallbeconductedinaccordance withRobertsRulesofOrder,currentedition. Discussionshallbelimitedtothebusiness oftheCouncil. Thechairmustrecognizeallpersons.Commentsshouldbebriefandto the point to be heard and given sufficient time to express hisorheropiniononany matterbeforetheCouncil. Intheinterestofconservingmeetingtime,groupsdesiringto beheardonagendaitemsshouldrequestrecognitionbeforethestartofthemeeting. Theyshouldberepresentedbyaspokespersonifpossible. Iftimeisavailable,anyone can be recognized from the floor without prior request. The chair should give wide latitudetothediscussionofbusinessbutshallnotallowindividualsorgroupstoengage inpersonalarguments. Ifthisshouldoccur,thechairhasthediscretiontodeclaresuch persons out of order and, if necessary, to ask such persons to leave the meetings. ---PAGE BREAK--- SectionH. BusinessmeetingsshallbecalledinDecember(budget/annualplan), March (summer activities/committee work), and June (elections and emergency preparedness) to discuss business relevant to council activities and community services. Article IX. COMMITTEES SectionA. TheCouncilmaydesignateandappointoneormorecommitteesfor whateverreasontheCouncildeemsnecessary. Thecommitteesshallhavethepower and authority established by the Council and report to the Council during meetings. SuchpowerandauthorityshallnotsupersedeanybylawsnorrelievetheCouncilofany responsibilityimposedherein. Thechairofeachcommitteemustbeamemberofthe Council,butothermembersmaybeanyresidentorpropertyownerwithintheDistrict. All committee members shall serve at the pleasure of the Council. SectionB. AssociationofCommunityCouncilsTogether(ACCT)representatives must be elected members of the Millcreek Community Council. Article X. AMENDMENT OF BYLAWS AmendmentstothesebylawsmaybeproposedinwritingbyanyCouncilmember atanyregularmeeting. Aproposedamendmentshallbeadoptedupontheaffirmative voteofatleasttwo-thirdsoftheCouncilmemberspresentatthenextregularmeeting followingthemeetingatwhichtheamendmentwasproposed. Acopyoftheproposed amendmentshallbemailedordeliveredtoeachCouncilmemberatleasttendaysprior to the meeting at which the amendment is considered for adoption. Article XI. EFFECTIVE DATE OF BYLAWS These bylaws shall become effective immediately upon adoption by the Council. Unanimously approved and adopted at the Millcreek Community Council Meeting, 5 November, 2024