In this series, "Hypothetically Speaking," what i will be presenting are ideas and thoughts on how to address questions that come up. I'll present the most likely scenarios, from my perspective, as they can potentially play out.
These range from simple ideas as "what if," to "How can 'we' [insert idea]?" These scenarios don't reflect any accuracy as to represent intent, but how could one go about it, if they so choose to.]
Scenario 001:
Over the weekend the BHNC held it's Rules & Elections Committee (REC) Meeting at the State Street Park Recreation Center's Community Center. What has prompted this article was items 8 and 9 of the agenda.9. Discussion and review of BHNC’s bylaws regarding creating a committee. a. Description: Review BHNC bylaws and recommend creating a standing rule or bylaws amendment to include how to create a committee outside of PLUC. "
While item 8 lead in to a discussion regarding whether the BHNC should pursue or could pursue, online voting. (It was generally agreed that the BHNC was not ready for this - and who wants to be a Beta tester). Items 8's concerns regarding ensuring that "BHNC Stakeholders" participation is not usurped by "Stakeholders" did carry over in to Item 9.
[While on the subject of Item 9, I am going to be referring to BHNC Bylaws from c.2015, c.2017 and c.2018 (the most recent).]
So the Question that came up was essentially regarding a technicality in our bylaws. One that, by default, allows for all Stakeholders to participate in the Committees, unless specified in the Bylaws otherwise. So how do you ensure that only BHNC Stakeholders, that is people who live, work, own property or have an ongoing participation within the Boyle Heights boundaries, are the only ones on the committees. Thus ensuring that the BHNC is represented by Boyle Heights Stakeholders.
Stakeholders, (as it stands alone) refers to ALL Stakeholders within the City of Los Angeles. A very broad range/pool of people.
BHNC Stakeholders, refers to those Stakeholders that are contained by the BHNC Boundaries. To give loose definitions.
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| Article VII, Section 3 (c.2015) |
"Committee Structure - Unless specifically stated in other parts of these bylaws, committee members shall be appointed by the Committee Chair. Committee membership shall be open to all Stakeholders, and all committees shall have a minimum of three (3) members."
It is from here that I (I was the BHNC REC Chair in 2017), drew the new language. The purpose here was not to redefine the definitions, but to clarify what was already there. And i was getting backlash for trying to clarify/include the term "BHNC Stakeholder."
So what I did was expand, ever so slightly, the wording so that the Bylaws looped back on themselves to create a situation where the existing language is strengthen but allows for further clarification via the Committee Chair. Which remains for the c.2018 Bylaws.
"1. Committee Structure -
(a) Unless specifically stated in other parts of these bylaws, committee members shall be appointed by the Committee Chair;
(b) Unless specificed in Article VII (Committees and their Duties), Committee membership shall be open to all Stakeholders, including non-BHNC Stakeholders;"
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| Article VII, Section 3.1(a) & (b) (c.2017) |
In regards to what is "specified," take a look at the Executive Committee (EC) & the Planning and Land Use Committee (PLUC):
Planning & Land Use Committee
"i. The PLUC consists of seven (7) persons, all elected by a simple majority vote of the Board to include:
ii. The chair;
iii. Two (2) non-Executive members of the BHNC Board;
iv. Four (4) non-Board BHNC Stakeholders that have formally communicated their desire to the BHNC to serve on the PLUC and can commit to serving on the PLUC for at-least one (1) year."
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| Article VII, Section 1.3(b) (c.2018) |
ii. The chair;
iii. Two (2) non-Executive members of the BHNC Board;
iv. Four (4) non-Board BHNC Stakeholders that have formally communicated their desire to the BHNC to serve on the PLUC and can commit to serving on the PLUC for at-least one (1) year."
Eexcutive Committee
"i. Consists of nine (9) BHNC Board Members:
1. The six (6) Executive Officers.
2. Three (3) Non-Executive BHNC Board Members, selected from the thirteen (13) Non-Executive BHNC Board Members and elected by the thirteen (13) Non-Executive Officers, following the selection of the Executive Officers."
As you can see, these are clear and specific. With the Neighborhood Committee you are also specified, but at a Minimum Requirement.
What we are looking at here are these three sub-sections:
"ii. Consists of, at a minimum, the four (4) Area Officers plus the Chair. No more than five (5) Board Members, including the Chair, may serve on this committee simultaneously. With the exception of the President who acts as ex-officio member of all committees."
but more specifically:
"vi. Non-Board BHNC Stakeholders may be elected or selected to the Neighborhood Committee by a
simple majority of the Neighbrhood Committee at an established Neighborhood Committee Meeting.
vii. Non-BHNC Stakeholders representing other neighborhoods, or other neighborhood interests, may be added upon a majority three (3) vote of the four (4) Area Officers and the Chair."
This clearly sets a specific and clear minimum requirement for Committee membership, and then gives a clear means for adding Non-BHNC Stakeholders (the definition should be clear for this). It should be noted that this kind of "discrimination" (if it can be called that) is legal. It is already set up by the City Charter regarding neighborhood councils. With the default Bylaws having paved the way. i.e "Unless specifically stated in other parts of these bylaws."
So where does that leave the other Standing Committees? Or the Ad Hoc?
Well that falls on to Committee Chairs. Per Article VII, Sec. 3(b) "Unless [specified] in Article VII (Committees and their Duties), Committee membership shall be open to all Stakeholders, including non-BHNC Stakeholders;" BUT per Article VII, Sec. 3(a) "Unless specifically stated in other parts of these bylaws, committee members shall be appointed by the Committee Chair;" this is done at the Chair's discretion.
So, in theory. If the Chair only wishes to appoint BHNC Stakeholders to the Committee, then so be it. We leave this up to the Chair (instead of the Board) under the presumption that "the Chair would know what is best for the Committee," as that person is working directly in what is needed. Essentially making a range from arbitrary to specific.
Now, what could aid in Transparency for this. Aid in Clarifying if the committees will allow for Non-BHNC Stakeholders to participate, is in creating a Standing Rule that while does not require the Chair to exclude Non-BHNC Stakeholders. Requests that they define the method of how they will determine who is appointed, and this could include language that prioritizes BHNC Stakeholders first, and upon the creation of a functional committee, allow for consensus vote as to determine if additional membership is necessary or needed.
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| Article VII, Section 1.3(a) (c.2018) |
1. The six (6) Executive Officers.
2. Three (3) Non-Executive BHNC Board Members, selected from the thirteen (13) Non-Executive BHNC Board Members and elected by the thirteen (13) Non-Executive Officers, following the selection of the Executive Officers."
As you can see, these are clear and specific. With the Neighborhood Committee you are also specified, but at a Minimum Requirement.
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| Article VII, Section 1.3(c) (c.2018) |
"ii. Consists of, at a minimum, the four (4) Area Officers plus the Chair. No more than five (5) Board Members, including the Chair, may serve on this committee simultaneously. With the exception of the President who acts as ex-officio member of all committees."
but more specifically:
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| Article VII, Section 1.3(c)(vi) & (vii) (c.2018) |
vii. Non-BHNC Stakeholders representing other neighborhoods, or other neighborhood interests, may be added upon a majority three (3) vote of the four (4) Area Officers and the Chair."
This clearly sets a specific and clear minimum requirement for Committee membership, and then gives a clear means for adding Non-BHNC Stakeholders (the definition should be clear for this). It should be noted that this kind of "discrimination" (if it can be called that) is legal. It is already set up by the City Charter regarding neighborhood councils. With the default Bylaws having paved the way. i.e "Unless specifically stated in other parts of these bylaws."
So where does that leave the other Standing Committees? Or the Ad Hoc?
Well that falls on to Committee Chairs. Per Article VII, Sec. 3(b) "Unless [specified] in Article VII (Committees and their Duties), Committee membership shall be open to all Stakeholders, including non-BHNC Stakeholders;" BUT per Article VII, Sec. 3(a) "Unless specifically stated in other parts of these bylaws, committee members shall be appointed by the Committee Chair;" this is done at the Chair's discretion.
So, in theory. If the Chair only wishes to appoint BHNC Stakeholders to the Committee, then so be it. We leave this up to the Chair (instead of the Board) under the presumption that "the Chair would know what is best for the Committee," as that person is working directly in what is needed. Essentially making a range from arbitrary to specific.
Now, what could aid in Transparency for this. Aid in Clarifying if the committees will allow for Non-BHNC Stakeholders to participate, is in creating a Standing Rule that while does not require the Chair to exclude Non-BHNC Stakeholders. Requests that they define the method of how they will determine who is appointed, and this could include language that prioritizes BHNC Stakeholders first, and upon the creation of a functional committee, allow for consensus vote as to determine if additional membership is necessary or needed.
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