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1 Bylaws of the Mount Olympus Community Council I Name The name of this organization shall be the Mount Olympus Community Council. II Boundaries The Mount Olympus Community Council ("Council") shall represent the residents and property owners within the following described district which shall be known as the Mount Olympus Community District ("District"): The Western boundary shall be I-215. The Northern, Eastern and Southern boundaries shall correspond to Millcreek, a Utah Municipal Corporation (hereafter referred to as the “City of Millcreek” or the “City”) boundaries. III Authority The Council shall operate as a volunteer citizen organization under the authority of Chapter 2.56 of the Millcreek Code (MKC). IV Purpose The purpose of the Council is to formulate and present recommendations to the Millcreek City Council, Planning Commission and other City agencies concerning actions that affect the property owners and residents within the Council District and the city as a whole, and to take any other actions that will be for the benefit and welfare of the residents and property owners within the Council District and the City as a whole. V Membership A. Eligibility. Any registered voter residing within the District (except any individual serving on the City planning commission or city council) may be elected or appointed to serve as a member of the Council. B. Number and Term. The Council shall consist of up to eleven members, each serving staggered terms of four years. ---PAGE BREAK--- 2 C. Compensation. Council members shall serve without compensation. However, expenses incurred by Council members in carrying out Council business shall be paid to or reimbursed to Council members as long as any such expense was approved during a meeting of the Council. Or, the member may choose not to request reimbursement. D. Vacancies. The Council may fill any vacancy on the Council by appointing a replacement for the unexpired term of the vacant position. A person appointed as a replacement must meet the requirements of these Bylaws. E. Removal. A Council member who ceases to become a resident of the District shall be removed and may be replaced. Any Council member may be removed by a two-thirds vote of the Council members present at any regular meeting where the removal proceeding is included on the agenda. A Council member may be removed for failure to attend meetings or to carry out the responsibilities and duties of membership on the Council or for malfeasance. Such action shall be initiated by a written resolution setting forth the grounds for removal made and seconded at a regular meeting. The Chair shall mail a copy of the resolution to the affected member at least ten days prior to the meeting at which the resolution is to be voted upon. Prior to voting on the resolution, the Council shall receive relevant evidence relating to the allegations in the resolution. F. Leave of Absence. A Council member may choose, for any reason, to take a leave of absence, not to exceed one six-month consecutive period. Upon expiration of this period, if the Council member has not returned to faithful attendance, such failure shall be grounds for removal. A council member taking a leave of absence will not count as a member of the council for the purpose of determining a quorum. G. Minimum meeting attendance. The minimum acceptable meeting attendance is 50% of the scheduled meetings during the calendar year. At all times, council members are expected to notify the chair or vice-chair in advance of their planned absence. VI Elections A. Procedure. In order to be eligible for election to the Council, a candidate must have submitted a letter to the Council Chair, indicating a willingness to serve on the Council, and such letter must be received and acknowledged by the Council Chair prior to the specified date as indicated by the City. Election ballots shall be mailed in or deposited directly to the locked ballot box kept at City Hall. All ballots shall be received prior to the election cycle deadline, which is the first Tuesday after the first Monday of November in each even numbered year. For determining election results, the Election Officer shall verify and tally the secret ballots from registered voters residing within the District, whereby the candidate(s) receiving the greatest number of votes shall unequivocally be recognized as the elected candidate(s) to the Council. B. Notice of Election. At least 30 days prior to an election, the City shall provide a Notice of Election, to be posted at City Hall, on the City website, and/or other media or forums as ---PAGE BREAK--- 3 the City deems appropriate. Such notices shall include the date, times, polling station(s), ballot box location(s), and other such information as related to the Council election. C. Electorate. The electorate shall be comprised of any registered voter residing within the District. No individual may vote more than once in any given election. D. Election Officer. At least 30 days prior to an election, the Council shall designate one Council member or designee, who is not standing for re-election, to serve as the Election Officer for the year in which the Community Council election is conducted. That election officer may solicit the assistance of other persons or Council Members, not standing for election or re-election, to serve as assistants. E. Ballots and Counting of the Vote. The Community Council, with assistance from the City, shall prepare a sufficient number of ballots listing the candidates in random order, by last name, with no titles, indication of incumbency or other identifying information appearing on the ballots. Ballots may be collected in person, by mail, internet voting or other means as determined by the City. The Community Council, with assistance from the City, shall ensure the security of the voting process, including providing for a secret vote, secure ballot boxes, and a secure and orderly vote tabulation process, supervised by the Election Officer. No proxy voting shall be permitted. The Election Officer will count the ballots. At the discretion of the election officer, unreadable ballots may be considered spoiled and not counted. F. Procedures for Election Challenges. In the event a challenge is filed by a constituent of the Community Council regarding any aspect of the election, the challenge shall be determined by a majority vote of those members of the Community Council who are not standing for election in the election cycle respecting which the challenge is filed. A majority vote of those Council members shall be determinative of any challenge. G. Filing of Results. Within 14 calendar days after an election the Election Officer shall prepare an official written declaration of the election results, including total votes cast for each candidate, and shall cause the declaration to be filed with the City and posted on the Community Council’s page of the City website. A list of all Council members holding office as of January 1 shall be provided to the City no later than December 15 of the previous year. Newly elected members shall begin their terms at the first regular Council meeting in January following the election. VII Officers A. Officers. The officers of the Council shall consist of a Chair, a Vice-Chair, and a Treasurer. No Council member may hold more than one office at a time. Having special trust and faith imposed by the citizenry of the District and the members of the Council, the Officers shall ensure the requirements of the Bylaws and the decisions of the Council are met. ---PAGE BREAK--- 4 B. Election of Officers. Officers shall be elected by the Council members at the first regular meeting of the Council in January. 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. The nominees receiving the greatest number of votes for each office shall be considered as elected. Those placed in nomination for an office must be in attendance at the meeting, either in person or by any electronic means, or must have written a letter to the Council indicating a willingness to serve in the office. Office vacancies shall be filled in the same manner at any regular meeting following the vacancy. C. Term. Officers shall serve a term of one year in their respective office or, until a new officer is elected to replace them, whichever is first to occur. In the case of an office vacancy, an officer appointed as a replacement shall serve until the end of the term of the vacated office. No Council member should serve more than two consecutive terms in the same office unless this provision is waived by a 2/3 majority vote of the full Council. D. Removal. Removal of an officer shall follow the procedure provided in Article V for removal of a Council member except that removal from office shall not mean removal from the Council. If an officer is removed as provided in this article, a separate removal procedure shall be initiated if removal from the Council is also desired. E. Duties of Chair. The Chair shall preside over the Council and is the person in charge of directing the meetings in accordance with these Bylaws. The Chair shall call special meetings when needed. F. Duties of Vice-Chair. In the absence of the Chair, or in the event of the Chair’s inability or refusal to act, the Vice-Chair shall perform the duties of the Chair and when so acting, shall have the powers and be subject to all the restrictions upon the Chair. The Vice-Chair shall perform such other duties as may be assigned by the Chair or by the Council itself. G. Duties of Treasurer. The Treasurer shall collect, deposit, and keep an accurate record of all money due the Council and all money disbursed by the Council. The Treasurer shall make a detailed written financial report setting out Council revenues and expenditures for the prior fiscal year in a form provided by the City auditor. An annual budget shall be approved by the Council under the direction of the Chair as soon as possible after the beginning of the new fiscal year. The Treasurer and Chair shall periodically give a budget report to the Council. At no time shall the Council run a deficit budget or borrow money to pay its obligations. H. Secretarial Duties. As there is no official secretary, secretarial duties shall be shared among Community Council Members on a rotating basis. The duties shall consist of keeping complete and accurate minutes of all the proceedings in any meeting of the Council and making such minutes available for review to Council members prior to the next regular meeting. Approved minutes shall be posted on the Community Council’s page of the City website. ---PAGE BREAK--- 5 I. Signing of Documents. All checks and other instruments executed by the Council shall be signed by the Chair or Vice-Chair or other officer. The accounting of all moneys shall be kept by the Treasurer and open to public inspection at any reasonable time upon prior request. Funds shall only be disbursed by check and only upon prior approval of the Council. J. Chair pro tempore. In the absence or incapacity of both the Chair and the Vice Chair for a community council meeting, the Members present at the meeting shall elect a Chair pro tempore to serve as Presiding Officer only for that meeting. VIII Meetings of Council A. Regular Meetings. Regular meetings of the Council shall be held on the 1st Monday of each month or at such other time as the Council shall designate. At any regular meeting the Council may change the time and place of the next following regular meeting. Oral or written or electronic notice of any change in the regular meeting schedule shall be given to each member of the Council in due time before the next scheduled meeting. B. Special Meetings. A special meeting may be called by the Chair or a majority of the other members of the Council whenever such a meeting is deemed necessary or desirable. Notice of any special meeting shall be given to each member of the Council at least 24 hours in advance of the meeting. C. Agenda. A written agenda shall be prepared for all meetings of the Council. Copies of the agenda shall be distributed to each member of the Council prior to the meeting. D. Meeting Open to the Public. All meetings of the Council shall be open to the public. Public noticing of meetings will be posted on the Community Council’s page of the City website and also to the City calendar. E. Quorum. A quorum shall consist of a majority of the total members of the Council. A quorum is necessary to conduct any meeting of the Council. F. Voting. All members of the Council may vote on any issue before the Council. Unless otherwise provided in these Bylaws, a majority vote of the voting members present at a meeting are necessary to decide any matter before the Council. G. Conduct of Meetings. 1. General a. All meetings may be conducted in accordance with Simplified Roberts Rules of Order. b. Discussion, presentations, and topics shall be limited to the business of the Council. A person must be recognized by the Chair in order to be heard. ---PAGE BREAK--- 6 c. In the interest of conserving meeting time, groups desiring to be heard on agenda items should request recognition before the start of the meeting and should be represented by a spokesperson, if possible. d. If time is available, anyone can be recognized, by the chair or by a majority vote of Council members, from the floor without prior request. However, if time is not available, then the spokesperson(s) may request adding the discussion topic to the next meeting agenda. e. The Chair should give wide latitude to the discussion of community issues including all aspects and interests of businesses, residents, and property owners. 2. Meeting Procedures a. The order of business at the regular meeting shall follow the agenda. The Chair, with the consent of the Council, by a majority vote, may consider matters out of the agenda order. b. A majority vote by the present Members in favor of a motion shall carry the motion. c. Council actions will be taken by motions and voting, with motions and votes recorded in the minutes. 3. Order and Process of Matters Before the Council (unless altered by the Chair) a. This section addresses presentation of a planning and zoning application or topic by planning staff, presentation of any issue relevant to the community council by any interested individual or party, or presentation of any other relevant matter. b. Council members may ask questions of those giving the presentation at any time during the presentation. c. The interested party’s presentation shall not exceed fifteen (15) minutes, unless allowed by the chair. d. After the presentation referenced in above, any interested individual or party may offer public testimony in response, not to exceed 5 minutes in length for each individual and 10 minutes in length for any party representing a group of individuals or entities. At the Chair’s discretion, testimony may be limited to more or less than these time limits, and the Chair may ask the individual or party giving testimony to state their full name and their relationship to or financial or business interest in the topic or issue, if any. e. The applicant or interested party may offer rebuttal, as necessary, to respond to new issues raised by other parties, not to exceed five minutes. f. At the Chair’s discretion, testimony should alternate between those in favor and those opposed to the issue at hand. ---PAGE BREAK--- 7 4. Decorum a. Only one speaker is permitted before the Council at a time. b. The discussion must be confined to essential points stated in the issue or application being discussed, bearing on the desirability or undesirability of the issue/application being discussed. c. The Chair may cease any presentation or information that has already been presented. d. No personal attacks or argumentative behavior shall be permitted. Such behavior shall be sufficient cause for stopping the speaker from proceeding. e. No applause or public outbursts shall be permitted. 5. Discussion and Motion a. A motion requires a quorum of the council members be present, either in person or electronically. b. The chair will close public testimony and comment. c. Council members shall discuss the matter before them, and are free to ask specific questions of planning staff or anyone else, in order to clarify and offer direction to the council. d. If the issue at hand requires a motion, a motion must be made and seconded. Discussion amongst council members will ensue and then voted upon. A failed motion must be followed by another seconded motion until a passed motion prevails or the matter is dropped or continued. e. Motion process: refer to Appendix A H. Fiscal Year. The Council’s Fiscal Year shall correspond with the fiscal year of the City. IX Committees The Council may designate and appoint one or more committees for whatever reason the Council deems necessary. The committees shall have the power and authority established by the Council and shall report to the Council during meetings thereof. Such power and authority shall not supersede any of these Bylaws and shall not relieve the Council of any responsibility imposed herein. Committee members may include any resident(s) or property owner(s) within the District. Committees may elect a Chair at the committee’s discretion. All committee members shall serve at the pleasure of the Council. ---PAGE BREAK--- 8 X Amendments of Bylaws Amendments to these Bylaws may be proposed in written form by any Council member at any regular meeting. A proposed amendment shall be adopted, without change, upon the affirmative vote of at least two-thirds of the Council members present at the next regular meeting following the meeting at which the amendment was proposed. A copy of the proposed amendment shall be transmitted by mail or electronic means to each Council member at least 10 days prior to the meeting at which the amendment is considered for adoption. A history of amendments to the Bylaws can be found in Appendix B. XI Effective Date of Bylaws These Bylaws shall become effective immediately upon adoption by the Council. ADOPTED this 5th day of August, 2024. ---PAGE BREAK--- 9 APPENDIX A Sample Motion Procedure MOTION DOES IT REQUIRE A 2ND? IS IT DEBATABLE? CAN IT BE AMENDED? IS A VOTE REQUIRED? Adjourn yes no no majority Amend a motion yes yes yes majority Close nominations yes no yes majority Main motion yes yes yes majority Point of Order no no no ruled on by Chair Previous Question yes no no majority Reconsider yes yes no majority Withdrawal of Motion no no no majority 1. A motion (or an action to be taken by the council) is stated as a motion. 2. Someone else on the council “seconds” the motion indicating that at least one other person on the council feels the motion is worthy of discussion. 3.a Then the council members may provide input and discussion as called upon by the chair. 3.b When discussion seems complete, the chair may call for a vote on the motion. 3.c.1 Or when a member of the council “calls the previous question” (a motion to end discussion of the first motion), a second is required. 3.c.2 Without discussion the chair calls for a vote that must pass by a majority of the council members present. If the vote on the previous question fails, the council goes back to discussing the first motion (as more discussion is required). If the motion to call the previous question passes, the chair directly calls for a vote on the first motion. A vote to call the previous question is usually used to move business along. • A tie vote is a lost vote. • Most motions are main motions. A main motion may be amended. • A point of order is offered when there is some question if procedure had been followed correctly. ---PAGE BREAK--- 10 APPENDIX B Mount Olympus Community Council Bylaws, Amendment History Amended: October 23, 1991 Length of council members’ terms increased Amended: February 12, 1992 District boundary clarification and alternate member increase Amended: December 9, 1992 Regular council meetings change Amended: January 5, 1993 Voting Areas & Annual Meeting clarified Amended: March 15, 1994 Reviewed entire Bylaws Amended: 1997 Conformed to Election Law and Budget Ordinance No. 1358 passed on August 21, 1996 Amended: June 2, 1998 Conformed to revised Community Council Ordinance Amended: June 7, 2005 Revised Voting Areas representation to conform to population; Amended Committee description for Emergency Preparedness Amended: October 21, 2008 Addition of election by mail provisions. Amended: February 15, 2011 Revision of Election Requirements Amended: December 9, 2014 Revision of Voting Area Requirements Amended: March 5, 2019 Revision of entire Bylaws Amended: December 1, 2020 Revision of Member Count Amended: November 7, 2022 Revision of Member Count Amended: September 11, 2023 Amendment to Bylaws to allow for election of a Chair Pro-Tempore (section VII.J) Amended: January 8, 2024 Revision and expansion of section VIII.G, conduct of meetings Amended: May 6, 2024 Deletion of voting areas and related voting requirements, addition of leave of absence language, change in terms of office for officers and other changes Amended: August 5, 2024 Elimination of the requirement for chair’s attested signature on the Bylaws