Bylaws

BYLAWS OF THE MIDVALE COMMUNITY COUNCIL

CONTENTS: 

∙ ARTICLE I - INTRODUCTION

∙ ARTICLE II - COMMUNITY COUNCIL 

∙ ARTICLE III - EXECUTIVE COMMITTEE 

∙ ARTICLE IV - DUTIES OF THE EXECUTIVE COMMITTEE 

∙ ARTICLE V – MEETINGS 

∙ ARTICLE VI - CONFLICT OF INTEREST 

∙ ARTICLE VII - BYLAWS AND AMENDMENT 

ARTICLE I - INTRODUCTION 

Sec. 1-1. Name. The council identified herein shall be known as the Midvale Community Council 

Sec. 1-2. Purpose. The purpose of this Community Council is to build a sense of community among Midvale residents, to facilitate communication between neighbors and city officials, and to address or advocate for community needs by:

  • Organizing community events and encouraging participation in city events.
  • Identifying community needs and matching them with appropriate community resources.
  • Encouraging community beautification and engagement.
  • Providing public safety and emergency preparedness resources and education.
  • Supporting local businesses.
  • Improving communication and transparency between Midvale City officials and the community 

Sec. 1-3. Boundaries. The boundaries of the community shall be the area designated as Midvale City, in Salt Lake County, Utah.

Sec. 1-4. Resident Participation. Any resident eighteen (18) years of age or older within the boundaries of the community shall be allowed to participate in all Council activities including election or appointment to an office therein, provided they meet the requirements for said office as set forth in these bylaws.

Sec. 1-5. Non-Resident Participation. Any person that works, owns property, attends school, or otherwise participates in the community but does not reside within the boundaries of the community shall be allowed to attend and participate in Community Council meetings and activities, but may not serve on the executive committee, nor vote on council matters.

ARTICLE II - COMMUNITY COUNCIL 

Sec. 2-1. The Community Council. The Community Council membership shall consist of any number of community members who volunteer to become members, submit their name and contact information to the Community Council Secretary, and swear an oath as indicated in these bylaws.

Sec. 2-2. Community Council Members. All voting members of the Community Council shall have equal voting privileges in all matters considered by the Council.

Sec. 2-3. Quorum. A quorum is needed for voting on Council matters. A quorum is 51% of the voting members of the Council including at least two-thirds (2/3) of the executive committee.

Sec. 2-4. Oath of Office. Eligible residents wishing to become members of the community council shall come before the body of the council, raise their right hand, and state the following “As a member of the Community Council, I do solemnly affirm that I will support, obey and defend the Constitution of the United States, the Constitution of the State of Utah, the laws of  Midvale City, and the bylaws of this Community Council, and that I will discharge the duties of my office with fidelity”.

Sec. 2-5. Resignation. Any member of the Community Council may withdraw from membership by submitting a written resignation to the Secretary of the Council. The resignation shall become effective immediately upon receipt. 

Sec. 2-6. Neglect of Duty. When a member of the Community Council is absent from three (3) consecutive regular meetings without giving advance notice to the Secretary of the Council, that member shall be considered to have resigned from membership in the council.

Sec. 2-7 Removal of Members. Any member found to be ineligible for membership or who becomes ineligible for membership shall be removed from membership upon that ineligibility being demonstrated. Members may also be removed for any reason not prohibited by these bylaws by a two-thirds (2/3) majority of the quorum of council members.

Sec. 2-8. Non-Discrimination. The Community Council and Community Council Members shall not discriminate on the basis of race, color, disability, religion, sex, sexual orientation, gender identity, pregnancy status, national origin, immigration status, economic status, or age in Council meetings, membership, and policy, or when representing the Community Council to the public.

Sec. 2-9. Non-Partisanship. The Community Council shall not endorse or support any party or candidate for local, state, or national office. Nor shall the council discriminate on the basis of political affiliation or views, provided those views do not violate the non-discrimination policy of these bylaws. Community Council members may endorse, campaign for, or otherwise support candidates and parties in their capacity as individuals provided they do not explicitly associate said affiliation with the Community Council organization or with any Executive Committee office they may hold.

ARTICLE III - EXECUTIVE COMMITTEE 

Sec. 3-1. Executive Committee. For the purpose of conducting the internal affairs, setting agenda for  regular Council meetings, and administering the day-to-day business of the Community Council, the Council shall elect an Executive Committee composed of the following members: Chair, Vice Chair, Second Vice Chair, Secretary, and Treasurer.

Sec. 3-2. Election Meeting and Term of Office. The election of the Executive Committee shall be conducted at the first Community Council Meeting of each calendar year. The Executive Committee members elected shall serve for a term of one (1) year. 

Sec. 3-3. Nomination of Candidates. Any voting member of the Council may be nominated and elected to an office on the Executive Committee except as specified in section 3-4 of these bylaws

Sec. 3-4. Ineligibility. Elected officials serving in municipal, state, or national office shall not be eligible to serve on the Executive Committee. Any member of the executive committee who is elected or appointed into and accepts such an office shall resign their position on the executive committee before the next meeting of the Community Council.

Sec. 3-5. Election. The person elected to each office shall be the nominee receiving a majority of the votes of a quorum of the Council. If there are more than two (2) nominees for a given office, ranked choice voting shall be used to ensure a majority is reached.

Sec. 3-6. Assumption of Duties. When any new Executive Committee member has been elected, they shall assume all associated responsibilities upon being elected. The authority, records, and any Community Council property held by the previous Committee members shall be immediately passed to the respective officers of the new Committee. 

Sec. 3-7. Recall. Executive Committee Members may be removed from office by a two-thirds (2/3) majority of a quorum of the Community Council. 

Sec. 3-8. Vacancy. Should a vacancy occur in the Executive Committee, the Vice Chair shall succeed to fill a vacancy in the position of Chair, the Second Vice Chair shall succeed to fill a vacancy in the position of Vice Chair, and any remaining vacancies shall be filled by election at the next regular meeting of the Community Council. 

Sec. 3-9. Council Committees. To assist the Executive Committee in conducting the business of the Council, committees may be formed by a majority vote of a quorum of the council as deemed necessary. A Committee Chair shall be appointed by the Executive Committee Chair to serve as a spokesperson for said committee. Each Committee Chair shall submit a report of the activities and accomplishments of their committee upon request of the Chair.

Sec. 3-10. Executive Committee Meetings. The Executive Committee may meet outside of the regular meeting of the community council body in order to set meeting agendas and otherwise fulfill the duties of their offices as specified in these bylaws, but they shall not have the authority to conduct official business of the council without a quorum of the general membership of the Community Council.

ARTICLE IV - DUTIES OF EXECUTIVE COMMITTEE MEMBERS 

Sec. 4-1. Chair. The Chair shall preside or designate another member of the Executive  Committee to preside at all meetings of the Community Council and its Executive Committee, and shall be responsible for the orderly transaction of business at such meetings. The Chair shall be the official spokesperson for the Council, though the chair may delegate any willing council member to be an official spokesperson for a particular matter or occasion. The Chair shall also present an annual report of the Council’s activities at the final regular council meeting of the calendar year. In the event the Chair needs to be excused from a meeting, they shall notify both the Vice Chair and the Secretary prior to the scheduled meeting. 

Sec. 4-2. Vice Chair. The Vice Chair shall assist the Chair in performance of their duties, and shall act with the full power of the chair in the case of the Chair’s absence.

Sec. 4-3. Second Vice Chair. The Second Vice Chair shall assist the Chair and Vice Chair in performance of their duties, and shall act with the full power of the chair in the case of the Chair and Vice Chair being absent.

Sec. 4-3. Secretary. The Secretary shall keep complete and accurate minutes of all the proceedings in the meetings of the Council and Executive Committee and shall distribute said minutes to the membership of the Council prior to the next regular meeting of the Council. A newly elected Secretary will be given personal charge of the records and archives of the Council. The Secretary shall compose the official correspondence of the Council, distribute meeting agendas, and notify Council members of special meetings. In the event the Secretary needs to be excused from a meeting, they shall notify the Chair prior to the scheduled meeting who shall appoint a willing member to take minutes in the secretary’s absence.

Sec. 4-4. Treasurer. The Treasurer shall be given an accounting of all Council monies and shall account for these funds under the direction of the Chair and upon approval of the Council. The Treasurer shall prepare a budget and give an up-to-date financial report. At the end of the fiscal year, the Treasurer shall provide a written report to the Chair, giving a full and complete accounting of the Council monies for the year. This report shall be made a part of the Chair’s annual report. The Treasurer shall ensure that all Council monies are collected and dispersed in accordance with local, State, and Federal laws.

Sec. 4-5. City Meetings. The Executive Committee shall ensure that there is an authorized spokesperson for the Community Council present at each public Midvale City Council Meeting in order to represent the views of the Community Council as needed. This spokesperson shall also give a report to the Executive Committee Secretary, who will then share said report with the membership.

ARTICLE V - MEETINGS 

Sec. 5-1. Regular Council Meetings. The Community Council shall hold regular meetings on the last Wednesday of each month at 6:00 p.m. at Ruth Vine Tyler Library, located at 8041 S Wood St. The time, date, and location of an upcoming council meeting may be changed to accommodate member schedules and to account for holidays by a majority vote of a quorum of the Council. Additional meetings may be scheduled as needed by the same process. If regular meetings are relocated or rescheduled, or additional meetings are scheduled, the secretary shall communicate this to membership by the end of the following day.

Sec. 5-2. Unavailable Venue. If a regular meeting is unable to be held at the scheduled time and place, the Executive Committee shall immediately determine a new time or venue to accommodate the meeting and communicate this change to the membership. 

Sec. 5-3. Meeting Participation. All meetings of the Council shall be open to the public, who shall also be permitted to take part in discussions. The Council shall be obligated to take under advisement issues, ideas, and the prevailing feeling of such public discussions.

Sec. 5-4. Rules of Conduct. All meetings shall be conducted in accordance with Robert’s Rules of Order, current edition. Discussions shall be limited to official business of the Community Council. 

Sec. 5-5. Agenda. The Executive Committee will prepare the agenda for each regular Council meeting, ensuring that time is given for public comment and to any issues requested by council members.

ARTICLE VI - CONFLICT OF INTEREST 

Sec. 6-1. Conflict of Interest. Council members to whom some private benefit may come as a result of a Council action must publicly declare a conflict of interest, and follow the recommendation of the Council on participation in the action. Membership in an association is not of itself a conflict of interest unless it prevents an objective consideration of pertinent information during Council discussion and deliberation. 

Sec. 6-2. Gifts and Favors. Gifts, favors and advantages of value must not be accepted if they are offered  to the member because of their position of public responsibility. 

Sec. 6-3. Confidentiality of Information. Information of private affairs that is learned in the course of  performing Council duties that is not meant for public knowledge must be treated with confidence.  

ARTICLE VII - BYLAWS AND AMENDMENTS 

Sec. 7-1. Adoption. These bylaws shall become effective immediately upon adoption by the Midvale Community Council

Sec. 7-2. Amendment of Council Bylaws. The bylaws of the community council may be amended by a two-thirds vote of a quorum of the Community Council